Terms of Use — Elegant Haven KE

Section 01

About Elegant Haven

Elegant Haven KE ("Elegant Haven", "we", "us", "our") operates the online platform at eleganthavenke.com and all associated mobile applications and services. We are incorporated and operating under the laws of Kenya.

Elegant Haven is a marketplace platform that connects guests seeking short-term accommodation with property hosts, and connects property buyers with sellers. We do not own, operate, manage or control any property listed on our platform. We are not a real estate agency, hotel, letting agent or party to any rental or sale agreement made through our platform.

Our role is to provide the technology, tools and support that make it possible for hosts, sellers and guests to connect, transact and communicate safely.

Section 02

Acceptance of Terms

By accessing or using eleganthavenke.com — whether as a visitor, registered user, guest, host or seller — you confirm that you have read, understood and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated into these terms by reference.

If you are using Elegant Haven on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these terms, and these terms apply to that entity as well as to you personally.

If you do not agree to these terms, you must not access or use our platform.

Section 03

Eligibility

To use Elegant Haven you must:

Be at least 18 years of age. By using our platform you confirm that you are 18 or older.

Have the legal capacity to enter into binding agreements under Kenyan law or the laws of your country of residence.

Not be prohibited from using our services under any applicable law or regulation.

Provide accurate and truthful information when using our platform, submitting listings or making reservations.

Elegant Haven reserves the right to refuse access to any person who does not meet these eligibility requirements or who provides false information.

Section 04

Guest Terms

If you use Elegant Haven to search for and book a property, the following terms apply to you:

Reservations are pending until payment is confirmed. Submitting a booking request does not guarantee your reservation. Your booking is only confirmed once we receive verified payment via M-Pesa or another accepted method.

Payment must be completed within 15 minutes of submitting a booking to secure your dates. Unpaid reservations may be automatically released after this window.

You are responsible for reading the listing — including house rules, check-in and check-out times, amenities and property description — before booking.

You must comply with the host's house rules during your stay. Violation of house rules may result in immediate eviction without refund.

You are responsible for any damage you or your guests cause to the property during your stay. Hosts may charge for damages beyond normal wear and tear.

You may not sublet or transfer your booking to any other person without the prior written consent of the host.

Reviews must be honest and factual. You may leave a review after your stay. Reviews must reflect your genuine experience and must not be defamatory, discriminatory or fabricated.

Section 05

Host Terms

If you list a property for short-term rental on Elegant Haven, the following terms apply:

You must be the legal owner or authorised manager of the property you list. By submitting a listing you confirm you have the right to rent the property.

All listing information must be accurate and up to date. Photos, descriptions, amenities, pricing and availability must truthfully represent the property.

You must submit proof of ownership (title deed or equivalent legal document) when listing your property. Elegant Haven verifies this before approving listings.

You are responsible for complying with all applicable laws, including short-term rental regulations, county by-laws, landlord obligations and tax requirements in your jurisdiction.

You must honour confirmed bookings. Cancelling confirmed bookings without valid reason may result in penalties, reduced platform visibility or removal of your listing.

You may not discriminate against guests on the basis of race, sex, gender, nationality, religion, disability or any other protected characteristic.

Elegant Haven is not responsible for unpaid or disputed amounts between you and a guest. We facilitate payment confirmation but do not guarantee payment collection.

Section 06

Seller Terms

If you list a property for sale on Elegant Haven, the following terms apply:

You must be the registered legal owner of the property or an agent authorised in writing by the owner to act on their behalf.

Proof of ownership is mandatory. You must upload a valid title deed or court-certified legal ownership document. Listings without verified ownership will not be approved.

All property details must be truthful. Misrepresenting the size, condition, location, legal status or encumbrances of a property is strictly prohibited and may attract legal liability.

Elegant Haven is a marketing platform, not a conveyancer or estate agent. The legal transfer of property ownership is your sole responsibility. We do not handle title transfers, escrow or legal due diligence.

Viewings must be facilitated when confirmed by a prospective buyer through our enquiry system, subject to reasonable notice and your availability.

Elegant Haven does not guarantee the sale of any listed property and makes no representation about the achievability of the stated asking price. We connect sellers with interested buyers — nothing more.

Section 07

Payments & Fees

All short-term rental payments are processed via M-Pesa Paybill 400200, Account 44988 (PS13 & Company Limited). By making a payment through our platform you agree to Safaricom's M-Pesa terms of service.

We do not store your M-Pesa PIN, card numbers or any financial credentials. We receive only a transaction reference and payment confirmation.

Elegant Haven may charge a platform service commission on bookings made through our platform. The applicable commission rate will be disclosed to hosts separately. Listing a property on Elegant Haven is free.

Prices shown are in Kenyan Shillings (KES) unless otherwise stated. Exchange rates for foreign currency payments are determined by the relevant payment provider.

Elegant Haven is not responsible for payment failures or delays caused by network disruptions, Safaricom system outages or your bank. Contact your payment provider if a transaction fails.

A booking confirmation email will be sent once payment is successfully verified. Keep this confirmation as proof of your reservation.

Section 08

Cancellations & Refunds

The following cancellation policy applies to all short-term rental bookings on Elegant Haven unless a different policy is clearly stated on a specific listing:

Cancellation 5+ days before check-in: Full refund of the amount paid, minus any payment processing fees.

Cancellation within 1–4 days of check-in: 50% refund of the total booking amount. The remaining 50% is retained as a late cancellation fee.

No-shows and same-day cancellations: No refund will be issued. The full booking amount is forfeited.

Host-initiated cancellations: If a confirmed booking is cancelled by the host without valid reason, the guest will receive a full refund. Repeated host cancellations may result in listing suspension.

Refunds are processed back to the original payment method. Processing times depend on Safaricom M-Pesa and may take up to 7 business days. Elegant Haven is not liable for delays caused by third-party payment processors.

Section 09

Prohibited Conduct

The following conduct is strictly prohibited on or through Elegant Haven. Violation may result in immediate account suspension, listing removal and reporting to relevant authorities:

Submitting fraudulent, misleading or fabricated listing information, ownership documents, reviews or personal details.

Attempting to circumvent our platform by arranging bookings, payments or property sales directly with other users after initial contact through Elegant Haven, to avoid service fees.

Using our platform to facilitate money laundering, fraud, illegal property dealings or any other criminal activity.

Harassing, threatening or abusing other users, hosts, guests, sellers or Elegant Haven staff through any channel.

Scraping, crawling, copying or otherwise extracting content or data from our platform without express written permission.

Posting defamatory, discriminatory, obscene or unlawful content anywhere on our platform including reviews, listing descriptions or messages.

Creating multiple accounts to circumvent a suspension, ban or restriction imposed on a previous account.

Section 10

Intellectual Property

All content on the Elegant Haven platform — including the Elegant Haven name, logo, website design, user interface, text, graphics, software and code — is the exclusive property of Elegant Haven KE and is protected by copyright, trademark and other applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display or otherwise exploit any Elegant Haven content without our express written permission.

When you submit content to our platform (including listing photos, descriptions, and reviews), you grant Elegant Haven a non-exclusive, royalty-free, worldwide licence to use, display, reproduce and distribute that content for the purposes of operating and promoting the platform. You retain ownership of your content.

You confirm that any content you submit does not infringe the intellectual property rights of any third party.

Section 11

Limitation of Liability

Elegant Haven provides its platform on an "as is" and "as available" basis. We make no warranties — express or implied — regarding the accuracy, completeness, reliability or suitability of any listing, property description or content on our platform.

Elegant Haven is not liable for any loss, damage, injury or dispute arising from a stay at, purchase of, or interaction with any property or user found through our platform.

We are not responsible for the conduct of hosts, guests, sellers or any other third parties who use our platform.

We are not responsible for platform downtime, errors, data loss or security breaches caused by circumstances beyond our reasonable control, including cyberattacks, natural disasters or third-party service failures.

To the maximum extent permitted by law, Elegant Haven's total liability for any claim arising out of or relating to our services shall not exceed the total amount paid by you to Elegant Haven in the 12 months preceding the claim.

Nothing in these terms excludes or limits our liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot lawfully be excluded under Kenyan law.

Section 12

Termination & Suspension

Elegant Haven reserves the right to suspend, restrict or permanently terminate your access to our platform, with or without notice, if we reasonably believe that you have:

Violated any provision of these Terms of Use or our Privacy Policy.

Submitted fraudulent, misleading or illegal listings, documents or communications.

Engaged in conduct that is harmful to other users, third parties or the reputation of Elegant Haven.

Failed to pay amounts owed to Elegant Haven or repeatedly cancelled confirmed bookings without valid reason.

You may also request the deletion of your account at any time by contacting us. Upon termination, your access to the platform will cease. Any data retained as legally required will be handled in accordance with our Privacy Policy.

Section 13

Governing Law & Disputes

These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Any dispute that cannot be resolved amicably between the parties within 30 days of written notice shall be submitted to the exclusive jurisdiction of the courts of Kenya.

We encourage users to contact us in the first instance to resolve any dispute informally. Most issues can be resolved quickly through good-faith communication.

Section 14

Changes to These Terms

We may update these Terms of Use from time to time to reflect changes in our services, legal requirements or business practices. When we make material changes, we will notify you by email (if you have an account with us) and by displaying a prominent notice on our website for at least 30 days before the changes take effect.

The effective date at the top of this document indicates when these terms were last revised. Your continued use of Elegant Haven after the effective date of updated terms constitutes your acceptance of the changes.

Previous versions of these terms are available on request.

Section 15

Contact Us

If you have any questions about these Terms of Use or need to report a violation, please contact us:

Elegant Haven Legal & Support

We aim to respond to all legal and compliance enquiries within 3 business days. For urgent matters, please mark your subject line as "URGENT — Terms Enquiry".

reservations@eleganthavenke.com WhatsApp