Scope of Kumba Services
- The Kumba Platform is an online marketplace that enables registered users (“Members”) and certain third
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 Kumba Platform (“Listings”) and to communicate and transact
with Members that are seeking to book such Host Services (Members using Host Services are “Travelers”). Host
may include an activity that takes place on a single day (“Single-Day Experience”) or an experience or
experiences lasting anywhere from a couple days to a several weeks, (“Multi-Day Experience”) (collectively,
“Experiences”) and a variety of other travel and non-travel related services, such as accommodations and
(“Other Host Services”). In some instances, Travelers can customize their Experiences through communication with
- As the provider of the Kumba Platform, Kumba does not own, create, sell, resell, provide, control, manage,
deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host
When two or more Members make or accept a booking, they are entering into a contract directly with each other.
not and does not become a party to or other participant in any contractual relationship between Members, nor is
an insurer. Kumba is not acting as an agent in any capacity for any Member, except as may be specified in
Terms (Section 7).
- While Kumba may help facilitate the resolution of disputes, Kumba has no control over and does not guarantee
existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy
any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance
conduct of any Member or third party. Kumba does not endorse any Member, Listing or Host Services. Any references
Member being "verified", certified, 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,
guarantee by Kumba 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
in an Experience or use Other Host Services, accept a booking request from a Traveler, or communicate and
other Members, whether online or in person.
If you choose to use the Kumba Platform as a Host or Co-Host (as defined below), your relationship with Kumba is
limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of
for any purpose, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for
benefit, of Kumba. Kumba does not, and shall not be deemed to, direct or control you generally or in your
under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge
agree that you have complete discretion whether to list Host Services or otherwise engage in other business or
- To promote the Kumba Platform and to increase the exposure of Listings to potential Travelers, Listings and
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
in whole or in part, into other languages. Kumba cannot guarantee the accuracy or quality of such translations
Members are responsible for reviewing and verifying the accuracy of such translations. The Kumba Platform may
translations powered by Google. Google and Kumba independently disclaim all warranties related to the
express or implied, including any warranties of accuracy, reliability, and any implied warranties for
fitness for a particular purpose and non-infringement.
- The Kumba Platform may contain links to third-party websites or resources (“Third-Party Services”). Such
Services may be subject to different terms and conditions and privacy practices. Kumba is not responsible or
the availability or accuracy of such Third-Party Services, or the content, products, or services available from
Third-Party Services. Links to such Third-Party Services are not an endorsement by Kumba of such Third-Party
- Due to the nature of the Internet, Kumba cannot guarantee the continuous and uninterrupted availability and
accessibility of the Kumba Platform. Kumba may restrict the availability of the Kumba Platform or certain areas
features thereof, if this is necessary or appropriate in view of capacity limits, the security or integrity of
servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Kumba
Kumba may improve, enhance and modify the Kumba Platform and introduce new Kumba Services from time to time
Eligibility, Using the Kumba Platform, Member Verification
- You must be at least 18 years old and able to enter into legally binding contracts to access and use the Kumba
or register a Kumba Account. By accessing or using the Kumba Platform you represent and warrant that you are at
18 years old and have the legal capacity and authority to enter into a contract.
- You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a
that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist
supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
agree to allow Kumba to collect and request information to verify your compliance with this section, including,
limited to, requesting such information from any government agency.
- Kumba may make access to and use of the Kumba Platform, or certain areas or features of the Kumba Platform,
certain conditions or requirements, such as completing a verification process, meeting specific quality or
criteria, or a Member’s booking and cancellation history. Subject to your compliance with these Terms, Kumba
a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download and use the
your personal device(s). Kumba can restrict or remove the access of any Member to any part of the Kumba Platform
time and for any reason.
- User verification on the Internet is difficult and Kumba does not assume any responsibility for the
confirmation of any
Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by
applicable laws, we may, but have no obligation to: (i) ask Members to provide a form of government
other information or undertake additional checks designed to help verify the identities or backgrounds of
screen Members against third party databases or other sources and request reports from service providers, and
where we have sufficient information to identify a Member, obtain reports from public records of criminal
or sex offender registrations or an equivalent version of background or registered sex offender checks in your
jurisdiction (if available).
- Some areas of the Kumba Platform implement Google Maps/Earth mapping services, including Google Maps API(s).
of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of
- You must register an account "Kumba Account" to access and use certain features of the Kumba Platform,
publishing or booking a Listing. If you are registering a Kumba Account on behalf of a company or other legal
you represent and warrant that you have the authority to legally bind that entity and grant us all permissions
licenses provided in these Terms.
- You can register a Kumba Account using an email address and creating a password, or through your account with
third-party social networking services, such as Facebook or Google "SNS Account" . You have the ability to
connection between your Kumba Account and your SNS Account at any time, by changing the settings in the
- You must provide accurate, current and complete information during the registration process and keep your
and public Kumba Account profile page information up-to-date at all times.
- You may register for only one (1) Kumba Account as a Host, and only one (1) Kumba Account as a Traveler.
- You are responsible for maintaining the confidentiality and security of your Kumba Account credentials and may
disclose your credentials to any other person or third party except as required by law. To the extent your Kumba
Account credentials are requested by a legal entity, you must inform Kumba promptly of such request if permitted,
provide Kumba with sufficient time to intervene in such request, if applicable. You must immediately notify Kumba
you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or
compromised, or in case of any actual or suspected unauthorized use of your Kumba Account. You are liable for any
all activities conducted through your Kumba Account.
- Kumba may enable features that allow you to authorize other Members or certain third parties to take certain
that affect your Kumba Account. For example, we may allow eligible Members or certain third parties to book
behalf of other Members, or we may allow Hosts to add other Members as Co-Hosts to help manage their Listings.
features do not require that you share your credentials with any other person. No third party is authorized by
ask for your credentials, and you shall not request the credentials of another Member.
- Kumba may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store
content, such as
text, photos, audio, video, or other materials and information on or through the Kumba Platform ("Member
(ii) access and view Member Content and any content that Kumba itself makes available on or through the Kumba
including proprietary Kumba content and any content licensed or authorized for use by or through Kumba from a
party ("Kumba Content" and together with Member Content, "Collective Content" ).
- The Kumba Platform and Collective Member Content may in its entirety or in part be protected by copyright,
and/or other laws of the United States and other countries. You acknowledge and agree that the Kumba Platform and
Content, including all associated intellectual property rights, are the exclusive property of Kumba and/or its
licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service
other proprietary rights notices incorporated in or accompanying the Kumba Platform, Kumba Content or Member
All trademarks, service marks, logos, trade names, and any other source identifiers of Kumba used on or in
with the Kumba Platform and Kumba Content are trademarks or registered trademarks of Kumba in the United States
abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties
or in connection with the Kumba Platform, Kumba Content, and/or Collective Content are used for identification
only and may be the property of their respective owners.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer,
display, publicly perform, transmit, broadcast or otherwise exploit the Kumba Platform or Collective Content,
the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No
rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled
Kumba or its licensors, except for the licenses and rights expressly granted in these Terms.
- Subject to your compliance with these Terms, Kumba grants you a limited, non-exclusive, non-sublicensable,
non-transferable license to and access and view any Collective Content made available on or through the Kumba
and accessible to you, solely for your personal and non-commercial use except as expressly permitted by Kumba.
- By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content
through the Kumba Platform, you grant to Kumba a non-exclusive, worldwide, royalty-free, irrevocable, perpetual
the term of the protection), sub-licensable and transferable license to such Member Content to access, use,
copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise
any manner such Member Content to provide and/or promote the Kumba Platform, in any media or platform. Unless you
provide specific consent, Kumba does not claim any ownership rights in any Member Content and nothing in these
will be deemed to restrict any rights that you may have to use or exploit your Member Content.
- You are solely responsible for all Member Content that you make available on or through the Kumba Platform.
Accordingly, you represent and warrant that:
- You either are the sole and exclusive owner of all Member Content that
you make available on or through the Kumba Platform or you have all rights, licenses, consents and releases
necessary to grant to Kumba the rights in and to such Member Content, as contemplated under these Terms; and
- Neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member
Kumba's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third
patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights,
rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You will not post, upload, publish, submit or transmit any Member Content that:
- Is fraudulent, false, misleading
(directly or by omission or failure to update information) or deceptive;
- Is defamatory, libelous, obscene,
pornographic, vulgar or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment or harm against
any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any
other person or animal;
- promotes illegal or harmful activities or substances; or (vi) violates these Terms or any
other Kumba Policy. Kumba may, without prior notice, remove or disable access to any Member Content for any
including but not limited to content that Kumba finds to be in violation of these Terms, or otherwise may be
objectionable to Kumba, its Members, third parties, or property.
- For the avoidance of doubt, you agree to indemnify Kumba with respect to any Member Content you make available
through the Kumba Platform, pursuant to Section 17 below.
- Kumba respects copyright law and expects its Members to do the same. If you believe that any content on the
Platform infringes copyrights you own, notify us immediately by sending us an email at email@example.com.
Terms Specific for Hosts
Terms Specific for Travelers
- Subject to meeting any requirements set by Kumba and/or the Host, you can book a Listing available on the
Platform by following the respective booking process. All applicable fees, including the Listing Fee, Deposit (if
applicable), 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 Kumba Account.
Upon receipt of a booking confirmation from Kumba, a legally binding agreement is formed between you and your
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. For certain bookings, Travelers may
required to make full payment of the Total Fees at the time of the booking request or upon the Host’s
Kumba may offer the option to pay the Total Fees in installments at time periods that Kumba will communicate to
- Single-Day Experiences: Travelers booking a Single-Day Experience will be required to pay the Total Fee at
the time of
- Multi-Day Experiences: Travelers booking a Multi-Day Experience will be required to pay 50% of the Total Fee
(“Deposit” ) at the time of booking and pay the remaining 50% of Total Fees in a manner set by Kumba or
the Host, which
Kumba will communicate to you through the Kumba Platform.
- If you book a Host Service on behalf of additional Travelers, you are required to ensure that every additional
meets any requirements set by the Host, is made aware of and agrees to these Terms, and is made aware of an
any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional Traveler
a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only
participate in a Host Service if accompanied by an adult who is solely responsible for them. Please see Section
additional important information with respect to Travelers who are minors.
- Kumba recommends that Travelers obtain appropriate insurance for their Host Service(s). Please review any
insurance policy carefully, and make sure that you are familiar with and understand any exclusions to, and any
deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your
policy will cover the actions or inactions of Hosts (and Co-Hosts, if applicable) while participating in the Host
- You should carefully review the description of any Host Service you intend to book to ensure you (and any
travelers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host
specified in their Listing. Travelers must inform the Host of any medical or physical conditions, or other
circumstances that may impact your and any additional Traveler’s ability to participate in any Host Service. You
responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your
participation in a Host Service.
- Before and during a Host Service you must at all times adhere to the Hosts’ reasonable instructions.
- You may not bring any additional individuals to a Host Service unless such an individual was added by you as
additional Traveler during the booking process on the Kumba Platform.
Booking Modifications, Cancellations and Refunds
- Hosts and Travelers are responsible for any modifications to a booking that they make via the Kumba Platform (
Modifications" ), and agree to pay any additional Listing Fees, Service Fees and/or Taxes associated with
- Travelers can cancel a confirmed booking at any time pursuant to Kumba’s cancellation policy, and Kumba will
amount of the Total Fees due to the Traveler in accordance with such cancellation policy. Unless Extenuating
Circumstances exist with respect to the Traveler, any portion of the Total Fees due to the Host under the
cancellation policy will be remitted to the Host by Kumba pursuant to the Payments Terms.
- If a Host cancels a confirmed booking, the Traveler will receive a refund pursuant to Section J. In some
Kumba may allow the Traveler to apply the refund to a new booking, in which case Kumba may credit the refund
against the Traveler’s subsequent booking at the Traveler’s direction. Further, Kumba may publish an automated
on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Kumba may keep the
for the Listing unavailable or blocked for the dates of the cancelled booking.
- If a requested booking is cancelled either because it is not accepted by the Host or a Traveler cancels the
request before it is accepted by the Host, any amounts collected by Kumba will be refunded to the Traveler, and
pre-authorization of the Traveler’s Payment Method will be released (if applicable). The timing to receive the
or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment
- If in Kumba’s discretion inclement weather creates an unsafe or uncomfortable scenario for Travelers, Hosts
or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be
Kumba will work with the Host and/or Travelers to provide Travelers an alternative date for the Host Service, an
appropriate refund or a rebooking.
- In certain circumstances, Kumba may decide, in its sole discretion, that it is necessary to cancel a confirmed
and make appropriate refund and payout decisions. This cancellation may be for reasons set forth in the
Circumstances Policy or (i) where Kumba believes in good faith, while taking the legitimate interests of both
into account, this is necessary to avoid significant harm to Kumba, other Members, third parties or property, or
for any of the reasons set out in these Terms.
- If a Traveler suffers a Travel Issue (defined below), Kumba may determine, in its sole discretion, to refund
Traveler part or all of the Total Fees.
- If, as a Host, your Traveler cancels a confirmed booking or Kumba decides that it is necessary to cancel a
booking, and Kumba issues a refund to the Traveler in accordance with any applicable cancellation policy, you
that in the event you have already been paid, Kumba will be entitled to immediately recover the amount of any
refund from you, including, but not limited to, charging any Payment Method you have on file, or subtracting such
refund amount out from any future Payouts due to you.
- Cancellation Policy
- Cancellation requests must be made by a Member, in writing to firstname.lastname@example.org or through the Kumba
- Any fraudulent booking(s) and/or activity by any Member will result in Kumba notifying the Host within 12
detecting that activity and taking all necessary steps to stop any activity that may result in financial
legal risk for Kumba and/or compromise the security of the Kumba Platform.
- “Non-Refundable Transactions” includes:
- Expenses related to Host Services that are incurred by the Host(s) (and Co-Host(s), if applicable), after
has been confirmed by Host and prior to a cancellation request by Traveler, are non-refundable ( “Non-Refundable
Expenses” ). To qualify as Non-Refundable Expenses, the Host must provide proof to Traveler and Kumba
Kumba’s satisfaction) that such expenses are non-refundable and were incurred prior to the Traveler’s
- Any Deposit is non-refundable, unless these Terms state or Kumba determines otherwise.
- Cancellation by Traveler
- Single-Day Experience Cancellation Policy
- Traveler will be refunded an amount equal to Total Fees less Non-Refundable Expenses for Single-Day
Experiences if (i)
the Traveler cancels or requests to cancel the Single-Day Experience at least 7 days before the confirmed
start date of the Single-Day Experience. The Host must remit 100% of the Listing Fee less any
within 7 days of receiving notice of the cancellation.
- If a Traveler booked the Single-Day Experience 7 days before the scheduled start date of the Single-Day
cancels or requests to cancel the Single-Day Experience 3-6 days before the confirmed scheduled start date
Single-Day Experience, the Traveler will be refunded an amount equal to 50% of Total Fees less any
Expenses. The Host must remit 50% of the Listing Fee less Non-Refundable Expenses within 7 days of
receiving notice of
- No Refunds: A Traveler will receive no refund if the Traveler fails to
(i) cancel or request to cancel a Single-Day
Experience 48 hours or less before its confirmed scheduled date; or (ii) appear on time to the Single-Day
- Multi-Day Experience Cancellation Policy
- Any request by Traveler to change or amend a booking once confirmed shall be accommodated if possible,
subject to space
availability. Any changes and additional costs resulting from such changes will be communicated to Members
by email and
through the Kumba Platform prior to final agreement.
- If a Traveler cancels or requests to cancel a Multi-Day Experience at least 45 days before the confirmed
start date of the Multi-Day Experience, the Traveler will be refunded an amount equal to Total Fees less
and Non-Refundable Expenses. The Host must remit 100% of the Listing Fee less Non-Refundable Expenses
within 7 days of
receiving notice of the cancellation.
- If a Traveler cancels or requests to cancel a Multi-Day Experience 44-31 days before the confirmed
scheduled start date
of the Multi-Day Experience, Traveler will be refunded an amount equal to 50% of Total Fees less any
Non-Refundable Expenses. The Host must remit 50% of the Listing Fee less Non-Refundable Expenses within 7
receiving notice of the cancellation.
- No Refunds: If a Traveler cancels or requests to cancel a Multi-Day Experience less than 31 days before
scheduled start date of the Multi-Day Experience, or does appear on time to the Multi-Day Experience, the
receive no refund. Special exceptions may apply to Travelers who booked the Multi-Day Experience less than
before the confirmed scheduled start date of the Multi-Day Experience, within Kumba’s sole discretion.
- Cancellation by Host
- If the Host cancels or requests to cancel an Experience at any time before the confirmed scheduled start
date of the
Experience, the Traveler will receive a complete (100%) refund, unless stated otherwise in these Terms. The
remit 100% of the funds it received from the Listing to Kumba within 7 days of cancelling, including all
- If the Host cancels a Single-Day Experience during the Single-Day Experience, the Traveler will receive a
(100%) refund, including all Non-Refundable Transactions, unless stated otherwise in these Terms. If the Host
Multi-Day Experience during the Multi-Day Experience, the Traveler will receive a complete (100%) refund for
remaining days of the Multi-Day Experience, unless stated otherwise in these Terms. The Host must remit the
amount to Kumba within 7 days of cancelling.
- Cancellation by Kumba
If Kumba cancels an Experience, the Traveler will receive a complete (100%) refund. The Host must remit 100%
funds it received from the Listing to Kumba within 7 days of the cancellation, including all Non-Refundable
- Other Host Services
The above provisions are also applicable to single-day and multi-day Other Host Services.
- Extenuating Circumstances Policy
- At Kumba’s sole discretion, Kumba may be able to give Members a refund or waive the penalties if Members
due to an unexpected circumstance that is out of the Member(s)’s control (an “Extenuating Circumstance”). To
for a refund or waiver of penalties as a result of an Extenuating Circumstance, Members must provide Kumba with
required documentation listed below, depending on the Extenuating Circumstance.
- Circumstances that require documentation
- Death of a Host, Traveler, or their immediate family member. You must provide one of these
certificate, obituary, or news article naming the deceased.
- Serious illness of a Host, Traveler, or any member of the traveling party. You must provide a
general statement from a
physician confirming that the person cannot travel or otherwise take part in an Experience. The statement
must be dated
after the reservation to which it pertains was booked.
- Government-mandated obligations including jury duty, travel restrictions, court appearances, and
You must provide a copy of the official notice dated after the reservation to which it pertains was booked,
the name of the person fulfilling the obligation.
- Severe damage to the Experience location that makes it unsafe to host Travelers, or that prevents
Hosts from accessing
basic amenities. This does not include planned renovations. You must provide all of the following documents:
- Proof that the issue is being fixed
- An estimate of when it will be fixed
- An invoice for the repairs being done
- Photos of the damage
- Airport and road closures that make it impossible to travel to your destination. This includes
closures caused by
natural disasters. You must provide a notice of the road closure, or notice of the airport closure and proof
flight was canceled.
- Circumstances that require special review.
There is no required documentation for these circumstances, but Kumba will review each case to confirm that
- Severe security advisories for political or civil unrest in the area that the Traveler is traveling
from, traveling to,
or in which the Host’s Experience is located. Examples include: violence, increased military presence, and
damage to the area’s infrastructure.
- Changes to visa or passport requirements that make it impossible to travel to the destination. This does
lost or expired travel documents.
- Natural disasters that prevent the Traveler from traveling to or from the destination, or that make it
unsafe to host
Travelers. Examples may include: Severe storms, earthquakes, flooding, tornados, tsunamis, wildfires, and
severe winter storms.
- Endemic disease or illness that suddenly affects a region or an entire group of people. This does not
diseases that are associated with an area, for example Malaria in Africa. Examples of endemic disease may
Ebola, Zika, and Chagas disease.
- In these circumstances, the Traveler will receive a refund pursuant to Section I(v) for Experiences,
Traveler agrees to participate in an alternative Experience.
- Issues or conflicts between Host(s) and Traveler(s). If a Member or a Member’s
behave in a manner that offends, disrespects, or endangers another Member, Members must notify Kumba of the
immediately and prior to cancelling. Refunds are in Kumba’s sole discretion.
- Traveler Refund Policy
- The Traveler Refund Policy is available to Travelers who book and pay for a Host Service through the Kumba
suffer a Travel Issue. The Traveler’s rights under this Traveler Refund Policy will supersede the Host’s
policy. By using the Kumba Platform as a Host or Traveler, you are indicating that you have read and that
understand and agree to be bound by this Traveler Refund Policy.
- If you are a Traveler and suffer a Travel Issue (as defined below), we agree, at our discretion, to either
- Reimburse you up to the amount paid by you through the Kumba Platform (“Total Fees”) depending on the
nature of the
Travel Issue suffered, or
- Use our reasonable efforts to find and book you another Host Service for any unused time
left in your booking which is reasonably comparable to the Host Service described in your original booking.
determinations of Kumba with respect to the Traveler Refund Policy shall be in Kumba’s discretion, and are
binding on the Travelers and Hosts.
- A “Travel Issue” means any one of the following:
- The Host
- cancels a booking before the scheduled start of the booking, or
- fails to provide the Traveler with the
reasonable ability to access the Host Service.
- Conditions to Claim a Travel Issue. To submit a valid claim for a Travel Issue and receive the
benefits with respect to
your booking, you are required to meet each of the following conditions:
- You must be the Traveler that booked the Host Service;
- You must (1) bring the Travel Issue to Kumba’s attention in writing and (2) provide us with information
photographs or other evidence) about the Host Service and the circumstances of the Travel Issue within 24
the later of (i) the start of your booking or (ii) your discovery of the existence of the Travel Issue, and
must respond to any requests by us for additional information about or cooperation with our investigation of
- You must not have directly or indirectly caused the Travel Issue (through, for example, your action,
- Unless Kumba advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts
to try to
remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
- No Insurance. This Section L is not intended to constitute an offer to
insure, does not constitute insurance or an
insurance contract, and does not take the place of insurance obtained or obtainable by the Traveler. The
not paid any premium with respect to the Traveler Refund Policy.
- Modification or Termination. If Kumba modifies this Traveler Refund Policy,
we will continue to process all claims for
Travel Issues made prior to the effective date of the modification.
- If you are a Host, and if (a) Kumba determines that a Traveler has suffered a Travel Issue related to a Host
listed by you and (b) Kumba either reimburses that Traveler (up to their Total Fees) or provides an alternative
Service to the Traveler, you agree to reimburse Kumba up to the amount paid by Kumba within 7 days of Kumba’s
If the Traveler is relocated to an alternative Host Service, you also agree to reimburse Kumba for reasonable
additional costs incurred to relocate the Traveler. You authorize Payment Services to collect any amounts owed
as permitted pursuant to the Payments Terms.
- As a Host, you understand that the rights of Travelers under Traveler Refund Policy will supersede the
policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with
(including photographs or other evidence) disputing the claims regarding the Travel Issue. You must use
good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue
Intellectual Property Ownership, Rights Notices
- The Kumba Platform is protected by copyright, trademark, and other laws of the United States and foreign
acknowledge and agree that the Kumba Platform, including all associated intellectual property rights, is the
property of Kumba and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark
other proprietary rights notices incorporated in or accompanying the Kumba Platform. All trademarks, service
logos, trade names, and any other proprietary designations of Kumba used on or in connection with the Kumba
are trademarks or registered trademarks of Kumba in the United States and abroad. Trademarks, service marks,
trade names, and any other proprietary designations of third parties used on or in connection with Kumba Platform
used for identification purposes only and may be the property of their respective owners.
- You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell,
publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Kumba Platform, except as
permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any
property rights owned or controlled by Kumba or its licensors, except for the licenses and rights expressly
Ratings and Reviews
- Members can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or
reflect the opinions of individual Members and do not reflect the opinion of Kumba. Ratings and Reviews are not
verified by Kumba for accuracy and may be incorrect or misleading.
- Ratings and Reviews by Members must be accurate and may not contain any offensive or defamatory language.
Reviews are subject to Section 4 and must comply with our Extortion Policy.
- Kumba may delete or remove any Rating or Review at any time and for any reason.
- Extortion Policy
- Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a
party to write a positive or negative Review about another Member.
- Travelers may not threaten to use reviews or ratings in an attempt to force a Host to provide refunds,
compensation, or a reciprocal positive review.
- Hosts may not require a Traveler to leave a positive review or rating, or to revise a review in exchange for
or full refund, or reciprocal review. Hosts also cannot offer a free or discounted stay in exchange for a
revising an existing review.
- Hosts may not ask a Traveler to take specific actions related to a review in exchange for a resolution to a
between the parties.
- Hosts and Travelers cannot edit reviews after they are published.
- Ratings and Reviews are part of a Host’s public profile and may also be displayed elsewhere on the Kumba
together with other relevant information.
Where Kumba’s third-party payment services provider does not support payments in the smaller unit supported by a
currency, Kumba may, in its sole discretion, round up or round down amounts that are payable from or to Travelers
Hosts to the nearest whole functional base unit in which the currency is denominated.
- As a Host, you are solely responsible for determining your obligations to report, collect, remit or include in
Listing Fees any applicable taxes (each a “Tax” or "Taxes").
- Where applicable or required, Kumba may charge taxes as part of the transaction.
- Tax regulations may require Kumba to collect appropriate Tax information from Hosts, or to withhold Taxes from
to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to
obligation (if any) to withhold Tax from payouts to you, we reserve the right to freeze all Payouts, withhold
amounts as required by law, or to do both, until resolution.
- You understand that any appropriate governmental agency, department and/or authority ( "Tax Authority"
) where your Host
Service is located may require Taxes to be collected from Travelers or Hosts on Listing Fees, and to be remitted
respective Tax Authority.
Term and Termination, Suspension and other Measures
- This Agreement shall be effective until such time when you or Kumba terminate the Agreement in accordance with
- You may terminate this Agreement at any time by sending us an email. Terminating this Agreement will also
notice to cancel your Kumba Account pursuant to the Kumba Terms. If you cancel your Kumba Account as a Host, any
confirmed booking(s) will be automatically cancelled and your Travelers will receive a refund pursuant to Section
If you cancel your Kumba Account as a Traveler, any confirmed booking(s) will be automatically cancelled and any
will depend upon Section 8(J).
- Without limiting our rights specified below, Kumba may terminate this Agreement for convenience at any time by
you thirty (30) days' notice via email to your registered email address.
- Kumba may immediately, without notice, or with such notice as required by applicable law, terminate this
and/or stop providing access to the Kumba Platform if: (i) you have breached your obligations under these Terms,
our Policies or Quality Standards, (ii) you have provided inaccurate, fraudulent, outdated, or incomplete
(iii) you have violated applicable laws, regulations or third party rights, or (iv) Kumba believes in good faith
such action is reasonably necessary to protect the personal safety or property of Kumba, its Members, or third
- In addition, Kumba may take any of the following measures: (i) to comply with applicable law, or the order or
of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached
Terms, our Policies or Quality Standards, applicable laws, regulations, or third party rights, (iii) you have
inaccurate, fraudulent, outdated or incomplete information during the Kumba Account registration, Listing process
thereafter, or regarding a Payment Method or Payout Method, (iv) you and/or your Listings or Host Services at any
fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or
or Kumba otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have
repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, (vii)
insufficient demand for your Listing or Host Service, or (viii) Kumba believes in good faith that such action is
reasonably necessary to protect the personal safety or property of Kumba, its Members, or third parties, or to
fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Kumba Platform;
- temporarily or permanently revoke any special status associated with your Kumba Account;
- limit or temporarily or permanently suspend your use of or access to the Payment Services;
- temporarily or in case of severe or repeated offenses permanently suspend your Kumba Account and stop
to the Kumba Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by
an opportunity to resolve the issue to Kumba's reasonable satisfaction.
- If you are a Host and we take any of the measures described above:
- we may refund your Travelers in full for any and
all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and
- you will
not be entitled to any compensation for pending or confirmed bookings that were cancelled.
- When this Agreement has been terminated, you are not entitled to a restoration of your Kumba Account or any of
Member Content. If your access to or use of the Kumba Platform has been limited or your Kumba Account has been
suspended or this Agreement has been terminated by us, you may not register a new Kumba Account or access and use
Kumba Platform through a Kumba Account of another Member.
- If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination
Agreement will remain in effect.
If you choose to use the Kumba Platform or Collective Content, you do so voluntarily and at your sole risk.
Platform and Collective Content are provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Kumba Services, laws,
regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not
upon any statement of law or fact made by Kumba relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by
law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior
a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Host Services may carry inherent risk, and by participating in such services, you choose
those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or
death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You
full responsibility for the choices you make before, during and after your participation in a Host Service.
If you are bringing a minor as an additional Traveler, you are solely responsible for the supervision of that
throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and
harmless Kumba from all liabilities and claims that arise in any way from any injury, death, loss or harm that
to that minor during the Host Service or in any way related to your Host Service.
Notwithstanding Kumba’s appointment as the limited payment collection agent of Hosts for the purposes of
payments from Travelers through the Kumba Platform, Kumba explicitly disclaims all liability for any act or
any Member or other third party. Kumba does not have any duties or obligations as agent for each Host except to
extent expressly set forth in the Terms, and any additional duties or obligations as may be implied by law are,
maximum extent permitted by applicable law, expressly excluded.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights
warranties which cannot lawfully be excluded. However, the duration of statutorily required warranties, if any,
be limited to the maximum extent permitted by law.
- Except as provided in Section 16(D), you acknowledge and agree that, to the maximum extent permitted by
law, the entire
risk arising out of your access to and use of the Kumba Platform and Collective Content, your publishing or
any Listing via the Kumba Platform, participation in or use of any Host Service, or any other interaction you
other Members whether in person or online remains with you. If you permit or authorize another person to use
Account in any way, you are responsible for the actions taken by that person.
Neither Kumba nor any other party involved in creating, producing, or delivering the Kumba Platform or
Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits,
data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute
services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection
- these Terms
- from the use of or inability to use the Kumba Platform or Collective Content,
- from any communications, interactions or meetings with other Members or other persons with whom you
interact or meet with as a result of your use of the Kumba Platform, or
- from your publishing or booking of a Listing, including the provision or use of a Listing’s Host
Services, or use of
the Payment Services.
This section applies to all damages whether based on warranty, contract, tort (including negligence),
or any other legal theory. This section further applies whether or not Kumba has been informed of the
such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- Except for our obligations to pay amounts to Hosts pursuant to these Terms as applicable, in no event will
aggregate liability arising out of or in connection with these Terms and your use of the Kumba Platform exceed:
- The amounts you have paid or owe for bookings via the Kumba Platform as a Traveler in the twelve (12) month
prior to the event giving rise to the liability, or
- If you are a Host, the amounts paid by Kumba to you in the twelve (12) month period prior to the event
giving rise to
the liability, or
- One hundred U.S. dollars (US$100), if no such payments have been made, as applicable.
For the avoidance of doubt, the preceding limitation of liability shall apply to your actions including, but
- Your publishing or booking of any Listings via the Kumba Platform, or
- The use of or inability to use the Kumba Platform or Collective Content and in connection with any Host
- Your interactions with any other Members.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Kumba
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental
the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Kumba’s
for death or personal injury arising from its negligence, nor for fraudulent misrepresentation,
misrepresentation as to
a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- If you reside in the EU, Section 16(A) does not apply, and Kumba is liable under statutory provisions for intent and
gross negligence by us, our legal representatives, directors, or other vicarious agents. This also applies to the
assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Kumba
is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, members, or
other vicarious agents. Essential contractual obligations are such duties of Kumba in whose proper fulfillment you
regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the
typically occurring foreseeable damage. Any additional liability of Kumba is excluded to the maximum extent allowed by
You agree to release, defend (at Kumba’s option), indemnify, and hold Kumba and its affiliates including but not
limited to, Kumba, 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:
- Your use of the Kumba Platform, including but not limited to any Content you create or post to the Kumba Platform,
- Your breach of these Terms or our Policies or Quality Standards,
- Your improper use of the Kumba Platform or any Kumba Services,
- Your interaction with any Member,
- Your hosting or participation in a Host Service, including without limitation any injuries, losses or damages of any
kind arising in connection with or as a result of such interaction, participation or use, or
- Your breach of any applicable laws, regulations or third party rights.
Dispute Resolution and Arbitration Agreement
- This Dispute Resolution and Arbitration Agreement shall apply if: (i) your Country of Residence is in the United
States; or (ii) your Country of Residence is not in the United States, but bring any claim against Kumba in the United
States (to the extent not in conflict with Section 20).
- Overview of Dispute Resolution Process. These Terms provide for a two-part process for individuals to whom Section
18(A) applies: (1) an informal negotiation directly with Kumba, and (2) a binding arbitration administered by the
American Arbitration Association ( “AAA” ) using its specially designed Consumer Arbitration Rules (as modified by this
Section 18 and except as provided in Section 18(F)). Specifically, the Consumer Arbitration Rules provide that:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- rbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for
claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual
- Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Kumba each agree to
notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you
at the email address you have provided to us; you can contact Kumba by emailing us. If after a good faith effort to
negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue
arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate
arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org)
provided to the other party, as specified in the AAA Rules.
- Agreement to Arbitrate. You and Kumba mutually agree that any dispute, claim or controversy arising out of or relating
to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Kumba Platform,
the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the
“Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to
our Dispute, you and Kumba agree that the arbitrator will decide that issue.
- Exceptions to Arbitration Agreement. You and Kumba each agree that the following claims are exceptions to the
Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim
related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on
exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
- Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus
the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be
administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to
be applicable by the AAA (the “AAA Rules“ ) then in effect, except as modified here. The AAA Rules are available
at www.adr.org or by calling the AAA at 1–800–778–7879.
- Arbitration Hearing/Location. Kumba agrees that any required arbitration hearing may be conducted, at your option: (i)
in Delaware at a location of Kumba’s choosing; (ii) in any other location to which you and Kumba both agree; (iii) via
phone or video conference; or (iv) for any claim or counterclaim under $25,000, by solely the submission of documents
to the arbitrator.
- Attorney’s Fees and Costs. You and Kumba agree that your responsibility to pay any AAA filing, administrative and
arbitrator fees will be solely as set forth in the AAA Rules.
- Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the
arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The
arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to
provide relief warranted by the claimant’s individual claim.
- Jury Trial Waiver. You and Kumba acknowledge and agree that we are each waiving the right to a trial by jury as to all
- No Class Actions or Representative Proceedings. You and Kumba acknowledge and agree that we are each waiving the right
to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private
attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Kumba both
otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise
preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect
to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
- Severability. For the avoidance of doubt, except as provided in Section 18(K), in the event that any portion of this
Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the
Arbitration Agreement shall be given full force and effect.
- Changes. Notwithstanding the provisions of Section 23, if Kumba changes this Section 18 after the date you last
accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us
written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in
the “Last Updated” date above or in the date of Kumba’s email to you notifying you of such change. By rejecting any
change, you are agreeing that you will arbitrate any Dispute between you and Kumba in accordance with the provisions of
this Section 18 as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
- Survival. Except as provided in Section 18(L) and subject to Section 14(H), this Section 18 will survive any
termination of these Terms and will continue to apply even if you stop using the Kumba Platform or terminate your Kumba
You may provide feedback, comments and suggestions for improvements to the Kumba Platform ( “Feedback” ). 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 any compensation to you.
These Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America,
without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded
from the Arbitration Agreement in Section 18 must be brought in state or federal court in Delaware, unless we both
agree to some other location. You and Kumba both consent to venue and personal jurisdiction in Delaware.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms
constitute the entire Agreement between Kumba and you pertaining to the subject matter hereof, and supersede any and
all prior oral or written understandings or agreements between Kumba and you in relation to the access to and use of
the Kumba Platform.
- No joint venture, partnership, employment, or agency relationship exists between you and Kumba as a result of this
Agreement or your use of the Kumba Platform.
- Kumba’s 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, your Account, or your rights and obligations to another party
hereunder without Kumba's prior written consent. Kumba may without restriction assign, transfer or delegate this
Agreement and any rights and obligations hereunder, at its sole discretion, with prior notice and/or any notice that
may be required by applicable law. Your right to terminate this Agreement at any time remains unaffected.
- Unless specified otherwise, any notices or other communications to Members permitted or required by applicable law or
under this Agreement will be provided electronically and given by Kumba via email, Kumba Platform notification, or
- This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.
Notwithstanding the foregoing, the parties agree that the payment card networks may be third-party beneficiaries of
this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not
necessary for any changes or modifications to this Agreement.
If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision
(or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and
enforceability of the remaining provisions.
Kumba 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 Kumba 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 by emailing Kumba. 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 Kumba Platform will constitute acceptance of the revised Terms.
You may contact Kumba regarding the Kumba Terms using the information below:
- Kumba Africa, LLC
- 3230 Market Street, Pearlstein Suite 402
- Philadelphia, PA 19104
These Terms are available at http://kumbafrica.co/. If you have any questions about these Terms, please email us at email@example.com.