Update: January 7th 2020 Important: Since 1/1/2020, Hao Finder new Cancellation Policies shall be applicable. Please, check Clause 10 “Cancellation Policy for Clients”.
Important: From the 1st of October 2019, all bookings confirmed on the Hao Finder platform for Nairobi generate a standard agreement (either an Assured Shorthold Tenancy and Licence To Occupy) sent electronically to both the Landlord and the Tenant for signature. For more information, please read Clause 5 “Booking Procedure”.
Important: Since 6th Jan 2020, Nairobi, Kiambu, Mombasa, Eldoret, Kisumu, Juja, Ruaka, Nakuru, Machakos, Embu & Nyeri shall have a specific Cancellation Policy "Default", please check Clause 10 “Cancellation Policies for Clients".
- GENERAL PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ,DEFINING Hao Finder’S LIABILITY IN CERTAIN CASES, DETERMINING THE JURISDICTION AND AUTHORITIES ON MATTERS OF CONFLICT RESOLUTION, AS WELL AS THE APPLICABLE LEGISLATION TO Hao Finder SERVICES.
TERMS AND CONDITIONS APPLICABLE TO THE USERS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE USER AND Hao Finder. BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE "WEBSITE" OR OTHER WEBPAGES OR APPLICATIONS, THE USER DECLARES THAT HE/SHE ACKNOWLEDGES AND ACCEPTS THESE “TERMS AND CONDITIONS" AS BEING EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.
The use of any website owned by Hao Finder, of the Contents, Application and/or the Services, confers the status of User and implies full and unreserved acceptance, by the User, of the applicable Terms and Conditions each time the User accesses the Contents or Application.
Hao Finder reserves the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website, Application, or via email. We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made, as you are legally obliged by these conditions. By accessing the Websites or Application owned by Hao Finder, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website or the Hao Finder Application may be subject to specific conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions. The provision of the service at the request of the User, implies the express acceptance of the applicable specific terms and conditions.
The access, registration, browsing, use, storage and/or downloading of materials and/or use of the services of any Website and/or Content of Hao Finder by minors (under 18 years) is prohibited. The User, while accessing or using any Website and/or Content of Hao Finder declares to be at least 18 years of age and to hold enough legal standing to execute a legally binding agreement acknowledging as well Hao Finder’s right to retain any payment made in exchange for the provision of the Services, as a consequence of not complying with the present Terms and Conditions. In any case, it will be the users responsibility to verify that they hold the legal capacity to execute any agreement in conformity with the legislation where the Rental and Commercial Property is located.
Hao Finder offers an offline and Online Platform that connects Rental and Commercial Property Owners or managers (hereinafter “Owner/s”) with Clients (as defined below), who wish to reserve such Rental and Commercial Property for a lease for medium to long-term periods (hereinafter, jointly, Services). These Services can be found on https://www.HaoFinder.com and other websites, applications for mobile and other devices, through which Hao Finder offers its Services. Hao Finder does not offer touristic Rental and Commercial Property.
Hao Finder is not a touristic operator nor a platform whose main purpose is to act as an intermediary to offer touristic Rental and Commercial Property. The platform does not qualify in any case whatsoever as tourism promotion channel.
- KEY TERMS “Hao Finder” means Hao Finder, a company incorporated under the Laws of Kenya, with registered address as P. O. Box : 73938 Postal Code : 00100, Nairobi(Kenya) and Tax number P051668941U.
“Hao Finder Content” means all that which is provided by Hao Finder via its Platform, Application and services, including any content authorised by a third party.
“Content” means text, graphics, images, music, software, audio, video, information and any other material published on the Platform or Application.
“Platform / Website” means any of the domains owned by Hao Finder through which Hao Finder allows the Users to use or browse the Online Platform.
”Application” means any Application owned by Hao Finder available for mobile devices allowing Users to gain access to the services available through the Website.
“User” means any person who uses the Website or Application owned by Hao Finder.
“Client” means the person requesting a reservation for the Rental and Commercial Property via the Platform, Application or services and/or who is residing at an Rental and Commercial Property and who is not the Owner of the same Rental and Commercial Property.
“Owner” means the person or entity that has entered into an Agreement with Hao Finder to publish an Advertisement for the Rental and Commercial Property on the Platform, in order that a Client may make a reservation for the Rental and Commercial Property via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner or manager to enter into a Lease Agreement for the Rental and Commercial Property on their own behalf or for a third party for a lease for medium to long-term period. If the Owner is a legal entity, the individual making use of Hao Finder services accepts this Terms and Conditions on behalf of the Owner and confirms the he/she holds enough legal standing to fulfill any obligations on its behalf.
“You” means the User, Client or Owner (as appropriate).
“Advertisement” means the publishing of the Rental and Commercial Property by the Hao Finder staff, by Agreement between the Hao Finder staff and the Owner, in order that it be made available for reservation on the Platform.
“Rental and Commercial Property” means the residence, flat, house, lodging or room that the Owner publishes on the Hao Finder Website, in order that the Client may make an online reservation.
“Tenancy Agreement” means the Private Lease Agreement signed by the Owner (as the lessor) and by the Client (as the lessee), to which Hao Finder is not party.
“Move-in Date” means the date in which the Client indicates, at the time of making the reservation, he/she will begin occupying the Rental and Commercial Property.
“Move-out Date” means the date in which the Client indicates, at the time of making the reservation, he/she will vacate the Rental and Commercial Property.
“Reservation Fee” means that which is paid (KES 3500) by the Client to Hao Finder when making a search request / reservation for the Rental and Commercial Property via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees; please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”)
“First Payment” means that which is transferred by the Client when making a reservation for the Rental and Commercial Property via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees; please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”)
Important: The "First Payment" corresponds to one (1) month's rent for all cities in Hao Finder except Nairobi where the initial payment will be equivalent to one (1) week's rent calculated on the basis of the amount of annualized rent payable divided by 52.
“Service Fee” means a percentage of the Total Contract Value that Hao Finder will charge the Owner for the provided services. (See section on Fees)
“Reservation Request” means that made by the Client to make a reservation for the Rental and Commercial Property. This is done when clicking on the “Book Now" button and after completing the reservation form. Both the Reservation Request and the form are processed via email, along with all the requested information, by the Owner receiving them. Also, the Reservation Request contains the Move-in Date, the Move-out Date and the amount for the First Payment.
“Tax” or “Taxes” means the Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax.
- USE OF THE PLATFORM, APPLICATION AND SERVICE The Platform and Application are used by the Clients to make a reservation for Rental and Commercial Property arrangements that are for medium to long-term periods. Rental and Commercial Property is published on the Platform or Application by the Hao Finder staff upon the request and approval of the Owners, through the use of the technology required for this purpose. Hao Finder IS NOT AN OWNER, MANAGER OR REAL ESTATE AGENT AND Hao Finder DOES NOT POSSESS, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, NOR DOES IT CONTROL, THE PROPERTIES IN ANY MANNER WHATSOEVER.
Hao Finder’s responsibilities are limited to:
a) Providing the Platform, Application and services.
b) Once the Reservation has been accepted by the Owner, accept on the Owner’s behalf the First Payment charged by Hao Finder to the Client. This payment may be transferred to the Owner after deducting the Service Fee plus Value Added Tax (VAT). Hao Finder will not received any additional payments after the Reservation has been confirmed by the Owner. The Owner is solely responsible for collecting rent payments from the moment the Reservation is confirmed and the abovementioned payment has been transferred.
- Rental and Commercial Property LISTING Important: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.
All Advertisements on the Platform, Application and services are prepared and verified by Hao Finder.
Owner will make an appointment with the Hao Finder staff to take photos and to verify the main features of the Rental and Commercial Property. The Owner agrees that the Hao Finder staff may access the Rental and Commercial Property for the purpose of taking photos, drawing floor plans, taking videos or any other advertising material that Hao Finder requires.
Floor plans published in an Advertisement are suggestive and serve as an explanatory feature. There is no guarantee that the dimensions depicted on the floor plans are accurate. Hao Finder will not be responsible in any manner for any inaccuracies found on the floor plans.
The Owner undertakes to provide all the necessary information requested by Hao Finder, which includes, but not limited to, the Rental and Commercial Property’s location, capacity, size, features and availability, including the price and all that pertaining to the payment terms.
Any modification in the monthly lease of the Rental and Commercial Property, as well as any information related to the payment terms published in the Advertisement, shall always be determined at the Owner’s sole discretion. Any request to modify or amend the Advertisement shall be requested by the Owner to Hao Finder, who shall made them effective within a maximum of seven (7) business days since the request was made.
Furthermore, the Owner declares and accepts that all the information provided to Hao Finder is true, correct and updated, pledging to inform Hao Finder of any changes without undue delay. In relation to the above, the Owner shall provide without undue delay any kind of document requested by Hao Finder for the purpose of verifying ownership of the Rental and Commercial Property or compliance with any other legal or contractual requirements.
Advertisements are prepared by a qualified and professional Hao Finder staff member and at no time by the Owner.
The Advertisements and audio-visual material are created free of charge for the Owner. The Owner will grant his/her authorisation to approve the publication for the advertisement and will accept these Terms and Conditions. Once the Advertisement is created, the Owner will have three (3) calendar days since communication by Hao Finder to duly notify any disagreement with its content. Otherwise, after that time, it is understood that the Owner agrees with the content of the Advertisement created and therefore accepts Hao Finder’s Terms and Conditions. The Owner acknowledges and accepts that once the Client makes a reservation for the Rental and Commercial Property, the price of this reservation cannot be amended.
Hao Finder reserves the right to discretionary evaluate the Advertisement of Rental and Commercial Propertys and the acceptance of Reservations if there is a minor living in the property. If the Owner does not expressly reveal this fact, he/she acknowledges Hao Finder’s right to retain or claim any payment made in exchange for the provision of the Services, as an indemnity for breach of these Terms and Conditions.
Hao Finder guarantees the features of the Rental and Commercial Property at the date in which they were verified by Hao Finder. Clients acknowledge and accept that the Rental and Commercial Property that they make a reservation for had been verified on a date that was before and not the same as the date of the reservation and that the features of the Rental and Commercial Property may differ from the conditions verified by Hao Finder at a time before the reservation. Nevertheless, the Owner shall maintain the Rental and Commercial Property in a similar condition to that depicted in the advertisement. If the event that the conditions of the Rental and Commercial Property differ significantly from those of the advertisement, Hao Finder reserves the right to withdraw the Advertisement for such Rental and Commercial Property from the Platform, Application or services, notwithstanding the capacity to retain or claim from the Owner any payment made in exchange for the provision of the Services,as an indemnity for breach of these Terms and Conditions.
Hao Finder shall be entitled to refuse registration on the Platform to any User, Owner or Client, at its discretion and without prior notice.
Hao Finder WILL REMAIN THE OWNER OF ALL COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY FOR THE AUDIOVISUAL AND ADVERTISING MATERIAL AND ONLY Hao Finder HOLDS THE RIGHTS FOR ITS USE. IN THE EVENT THAT THE OWNER, OR A THIRD PARTY, USES SUCH MATERIAL OWNED BY Hao Finder WITHOUT HAVING WRITTEN CONSENT TO DO SO, Hao Finder RESERVES THE RIGHT TO DEMAND THE CESSATION OF THE USE OF SUCH MATERIAL AS WELL AS TO ADDITIONALLY CLAIM THE CORRESPONDING DAMAGES AND/OR INDEMNITY AS A RESULT OF NON-COMPLIANCE WITH THIS CLAUSE.
In the event that the Owner provides any audio-visual material of the Rental and Commercial Property, he/she authorizes Hao Finder to publish it on the Advertisement and expressly accepts the temporary assignment of its copyright or any other existing intellectual property rights over the audiovisual and advertising material generated for the publication of the Advertisement and guarantees that they do not contravene any third-party intellectual property rights, in accordance with the provisions of this clause.
In any case, the Owner expressly accepts and authorizes Hao Finder to publish the Advertisement of the Rental and Commercial Property in every website of Hao Finder Group. Likewise, the Owner authorizes Hao Finder, with the purpose of obtaining the maximum spread of the Advertisement, to its publication in third-party websites external to Hao Finder Group.
Where required by the applicable regulations in the place where the Rental and Commercial Property is located, the Owner shall obtain a registration number assigned to the Rental and Commercial Property, according to the conditions and requirements imposed by the regulation in force at any time. The registration number for the Rental and Commercial Property, where appropriate, shall be published in the Advertisement and/or provided to the relevant authority that requires it, as well as any other authorization, permit or documents legally required.
- RESERVATION PROCEDURE Important: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.
The Client, when deciding the Rental and Commercial Property that he/she desires to make a reservation for, shall provide the information requested by Hao Finder via Hao Finder’s Platform or Application, and Hao Finder will provide detailed information about the Fees (see section on Fees), where the Client authorises such to be retained by Hao Finder, in the event that the reservation is accepted by the Owner, through the payment methods available on the Platform or Application.
Once this information is complete, the Client will receive an automatically generated email with a summary of the reservation and its corresponding reference number. Following this, Hao Finder will then send a reservation request to the Owner, who will have 12 working hours to either accept or reject the reservation. In the event that, after 12 working hours, Hao Finder has not received a response from the Owner, Hao Finder will deem that the reservation request has been rejected.
When making a Reservation Request via the Platform, Application or Services, we will provide the Owner with the following:
a) Information on the Client: age, nationality, company, university, profession, education and any other information that the Owner specifically requests.
b) A link to the Hao Finder webpage where the Rental and Commercial Property is published.
The Owner acknowledges that he/she is solely responsible for any Advertisement he/she approves for publication and that he/she has the full right to make available and authorise the reservation of the advertised property.
Furthermore, the Owner will ensure that after accepting a reservation, the Owner will:
a) not infringe on any Agreement entered into with a third party and
b) undertake (i) to be compliant with all laws, tax requirements and any other rule or regulation applicable to any Rental and Commercial Property published in an Advertisement and (ii) to avoid any dispute arising on the basis of third-party rights.
Hao Finder will not assume any liability for any breach, by the Owner, of the applicable laws, rules or regulations. Hao Finder reserves the right, at any time and without prior notice, to remove the publication or to disable access to any Advertisement, for any reason and at its own discretion, including any Advertisement that Hao Finder deems to be challengeable before the courts law for any reason.
Both the Owner and the Client acknowledge and agree that Hao Finder shall not, in any way, act as an insurance agent or agent of any kind on behalf of the Owner. Notwithstanding the foregoing, Hao Finder acts as an intermediary authorised by the Owner to exclusively accept and receive the First Payment from the Client for the reserved Rental and Commercial Property and, after deducting the Service Fee and the corresponding Value Added Tax (VAT), transfer such payment to the Owner.
Hao Finder shall provide the Owner with certain information on the Client intending to make the reservation and who has provided and authorised the information for this purpose. Both the Owner and the Client acknowledge and accept that they are responsible for their own actions and any non-disclosure of information in this regard.
While using the Platform, Application or services, you agree that any legal action or claim arising as a consequence of the acts or omissions of the Owner, Clients or third parties resulting in injury will be filed exclusively against the party in question, and you agree to hold Hao Finder harmless against any action Legal or claim with respect to such omissions.
Hao Finder advises that Owners take out the appropriate insurance for their Rental and Commercial Property.
Hao Finder will not be responsible for the removal or theft of any object found inside or outside the leased Rental and Commercial Property.
Hao Finder is a Platform used to make online Reservations for Rental and Commercial Property and, accordingly, it does not provide any inspection service for the Rental and Commercial Property, nor does it have a copy of the keys for the Rental and Commercial Property.
Hao Finder provides this service at no cost to its users. The template agreements have aim at incorporating industry’s best practices.
Hao Finder recommends its users to seek independent legal advice before signing the agreement in case they have doubts about their own rights and obligations in regards to the bookings they receive from the Hao Finder platform.
Hao Finder’s relationship to these agreements is that of a trusted, disinterested third party.
Hao Finder disclaims any representations of any kind regarding the agreements. It is the Tenant and Lister responsibility to assess all associated risks with these agreements.
Important: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.
The “Service Fee” is a percentage of the Total Contract Value that Hao Finder will charge the Owner for the provided services. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the First Payment.
Hao Finder will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Client has not informed Hao Finder of any Significant Deficiency (see Section 7. MOVE-IN POLICY)
In any event, the Owner will be the one to determine, at his/her own discretion, the price of the Rental and Commercial Property.
Discount or promotional codes will take effect only if they are used at the time of making the Reservation Request or before the reservation is confirmed by the Owner, under no circumstances will the discount be applicable at a later time.
- MOVE-IN POLICY Important: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.
After the Owner has approved the reservation and Hao Finder has sent confirmation of the reservation to both the Client and the Owner, including the contact information for both parties, it will be the Owner's responsibility to provide any further instructions to the Client with regards to moving into the Rental and Commercial Property.
The Owner will ensure that the Rental and Commercial Property reserved by the Client is found in the expected and proper living conditions and that the features published in the Rental and Commercial Property Advertisement remain the same, as well as the pricing terms
Applicable policy for when a Client moves into the Rental and Commercial Property.
The Client, within 24 hours after the Move-in Date, may inform Hao Finder of all Significant Deficiencies for the Rental and Commercial Property, as well as to report on the inaccuracy of the Rental and Commercial Property with regards to the features indicated in the Advertisement, by sending an email to help@Hao Finder.com, and stating the reservation number, while putting the Owner in copy and attaching the necessarily visual evidences (photos and/or videos) of the Essential Deficiencies. Once the email has been received by the Hao Finder staff, at its own discretion, the circumstances will be verified and assessed.
A Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk and/or substantial modifications that differ from the description in the Advertisement.
In the event that the Hao Finder staff deems that there is a significant deficiency, the Owner will be given a period of 36 hours to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.
In the event that the Owner does not resolve the deficiencies within a reasonable timeframe, he/she will be in breach of these Terms and Conditions, which will entitle the Client to cancel his/her reservation, which will mean that the Owner will adhere to the Cancellation Policy for Owners (See Cancellation Policy for Owners) and Hao Finder will provide the Client, at its own discretion, one of the following solutions:
Hao Finder staff will be responsible for looking for an Rental and Commercial Property with similar features, where the Client may accept or reject the Rental and Commercial Property. This possibility will depend on whether Hao Finder can provide Rental and Commercial Property with similar features. In the event the substitute Rental and Commercial Property offered by Hao Finder is less than the price of the previous reservation, Hao Finder will pay the Client the difference between the new price and the price of the reservation.
In the event that the Hao Finder staff considers that there is no Significant Deficiency and the Client cancels the reservation on the basis of unfounded reasons (at Hao Finder's discretion), the Client will forfeit his/her Reservation Fee plus the corresponding Value Added Tax (VAT) and the First Payment, where the First Payment will be fully transferred to the Owner.
Hao Finder will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Client has not informed Hao Finder of any Significant Deficiency.
Lease Agreement signed between the Client and the Owner.
Hao Finder is not party to any Lease Agreement. This Agreement will be signed only by the Client and the Owner and, accordingly, Hao Finder will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Client and the Owner. Furthermore, Hao Finder will not be party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Client, under the Lease Agreement or in any other type of Agreement, nor will it act an intermediary for any dispute arising as a result of a bond or security deposit.
Hao Finder advices that both the Client and the Owner thoroughly read the tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.
8. LEGAL NOTICE REGARDING THE CANCELLATION POLICY
Important: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.
Likewise, for the avoidance of doubt, the Service fee shall not be refunded, in full or in part, in the event that the Client moves out of the property before the agreed end of tenancy.
In the event that the reservation has been accepted by the Owner and the Client cancels the reservation, the Reservation Fee and its corresponding Value Added Tax (VAT) will not be refunded by Hao Finder to the Client, as a penalty for the services already provided.
Cancellation Policy: Flexible: If the Client cancels the reservation:
Hao Finder shall refund 50% of the Search fee upon cancellation within 24 hours of search request otherwise no refund.
Cancellation Policy: Strict:
For whatever reason, in the event that a Client cancels a reservation that has been confirmed by the Owner, Hao Finder will not refund the Client for any amount and the First Payment will be transferred to the Owner.
When the Client intends to cancel or modify a reservation.
In the event that a Client has notified, through any means, Hao Finder his/her intention to cancel or modify a reservation, Hao Finder staff, will send an email granting a 24 hour period to confirm the intention to cancel or modify the reservation. In the event that the Client does not reply to the email within the aforementioned period, it will be deemed that he/she has cancelled the reservation and the aforementioned Cancellation Policies will apply.
Applicable policy for a Client who has requested a reservation and has not yet been able to pay for the reservation.
In the event that Hao Finder has charged the Client for the reservation and that, for any reason, it is not possible to withhold the full amount to cover the reservation for the Rental and Commercial Property, for reasons beyond the control of Hao Finder, a payment request will be sent to the Client to settle the remaining amount within the following 24 hours and should the Client not settle this payment in full, Hao Finder will charge an amount equivalent to the Reservation Fee plus Value Added Tax (VAT) and will proceed to cancel the reservation for the Rental and Commercial Property, where, under no circumstance, will the Client receive a refund for this charge, nor will the Owner be transferred any amount.
Hao Finder reserves the right to claim any of the foregoing amounts in the event that it has not withheld the payment, where the Client acknowledges and agrees that Hao Finder will send a request for payment and that he/she will be obliged to settle such amounts with Hao Finder.
- APPLICABLE LOCAL REGULATIONS Important: In the event of conflict between the present Clause 11 “Applicable Local Regulations” and any other clause of the present Terms and Conditions, the provisions contained herein (Clause 11) shall prevail.
APPLICABLE TO THE Kenya:
The First Payment will be considered as “Holding Deposit “ according to the applicable regulation in the Kenya.
The Owner acknowledges that it is the Owner’s legal responsibility to ensure that the Client is legally allowed to rent and/or occupy the property, whether the Owner’s name appears in the Lease Agreement or not.
The Owner shall verify and retain the necessary documents legally granting the Client the right to rent in the Kenya. In the event that the Client is not permitted to rent in the Kenya, the Owner may be fined by the public authorities for approving the tenancy.
Both the Owner and the Client acknowledge that Hao Finder will neither be held liable for verifying the Client’s documentation, nor for the outcome of such verification and any consequences where the Owner has not conducted such regulated checks. For more information visit: law reporting Kenya
As an Owner, you agree and warrant that you comply with the below conditions when listing a property on the Platform and that you are legally entitled to offer the property for rental and will not incur in any breach of any applicable law, agreement or contract when you list your property (this includes the terms of contract with third parties regarding the property such as mortgage on the property, insurance, fire regulations, gas and electrical safety).
As an Owner, you agree and warrant that:
you will obtain the necessary consents from third parties should you require any consent in advance to offer the property for rental. you will comply with any licensing requirements at all times when advertising on the Platform such as House in Multiple Occupation licence or any other specific regional requirements. the property you advertise on Hao Finder complies with the Health and Safety requirements and appropriate insurance, where applicable. you are entitled to post photos, video, and other information regarding which you have lawful authority. everything you provide with the property is safe and in working order. As an Owner, you are fully responsible for ensuring that the property meets the legal requirements under any relevant legislation, including but not limited to the requirements outlined in this section.
As an Owner, you acknowledge and accept (i) the legal limitations in relation to the Holding Deposit and the tenancy deposit and (ii) your legal duty to protect any tenancy deposit under the relevant protection scheme and to provide, at the Client's request, information about it.
As an Owner, you acknowledge that it is your responsibility to ensure that you comply with all applicable regulations.
Reservation Fee does not apply to the Kenya market according to the applicable regulation.
As a Client, you expressly accept and agree to the following:
Hao Finder may hold your Holding Deposit for up to 2 working days following your move-in date; Hao Finder will transfer your Holding Deposit within 2 working days upon your move-in date to the Owner directly, from which Hao Finder will deduct the Landlord's Service fee; The Owner must deduct your Holding Deposit in full from the subsequent payment you owe to the Owner as part of your tenancy agreement. Default Cancellation policy shall apply for Kenya.
Both the Owner and the Client acknowledge that Hao Finder will neither be held liable for verifying the Client’s documentation, nor for the outcome of such verification and any consequences where the Owner has not conducted such regulated checks. For more information visit: LRK
Transparency and Consumers' protection -
Hao Finder is committed to provide a professional service to all our users. Do help us get better. Get in touch with our team to provide feedback. This will help us improve our service. Please contact us at info@HaoFinder.com
Hao Finder is a member of:
Client Money Protect Escrow Africa The Property Redress Scheme for Africa Both are accredited providers under the relevant schemes and legislation.
The Owner and the Client acknowledge that in no case Hao Finder will be held liable for any breach by them of the applicable regulation and/or the terms and conditions enclosed and/or in relation to the tenancy of which Hao Finder is not party to, unless explicitly stated herein.
The Owner and the Client acknowledge that it is their responsibility to know, at any time, any legal obligations applicable to them. In the event of any conflict between these Terms & Conditions and the Local Laws, the Law shall prevail.
These types of lease include the following conditions:
- Seasonal or touristic lease falls into the category of ‘furnished Rental and Commercial Property for touristic purposes’ (‘aimed at temporary clients, without it qualifying as a main residence, whose stay is characterised by daily, weekly or monthly rental’) in accordance with Article LRK of the Kenyan Tourism Code..
Hao Finder does not offer or list Rental and Commercial Propertys for rent under ‘furnished Rental and Commercial Property for touristic purposes’ at any moment; Hao Finder only offers through its Platform Rental and Commercial Propertys to be leased under the classical lease and ‘bail mobilité’.
The Owner is solely responsible for requesting from the Client the required documents in order to comply with all legal requirements in order to execute any of the above-mentioned categories of lease for the Rental and Commercial Property offered through the Platform, as well as being able to provide enough proof before any public authority that might require it. Additionally, the Owner shall provide any documents requested by Hao Finder at any time in order to verify compliance with the applicable legislation. In any case, the Owner is solely liable for complying with all established legal requirements with regards to the possibility of requesting a security deposit from the Client, as well as the relevant amounts or any other applicable condition, regulatory limits, obligations and conditions to return it.
Prior to listing the Rental and Commercial Property through Hao Finder, the Owner acknowledges and guarantees the details provided with regards to the Rental and Commercial Property and further confirms the truthfulness of the information provided.
Hao Finder shall require from the Owner the following information:
THE COMPANY DOES NOT ASSUME ANY LIABILITIES FOR THE BREACH OF LAWS, NORMS AND REGULATIONS APPLICABLE TO THE Rental and Commercial Property PROVIDER WHO IS RESPONSIBLE FOR THE VERACITY AND ACCURACY OF THE INFORMATION PROVIDED WITH RESPECT TO THE Rental and Commercial Property.
Hao Finder reserves the right to remove the Rental and Commercial Property from the Platform at any time and without prior notice, if the Company considers that the Rental and Commercial Property does not comply with the applicable regulations at all times, as well as to request the information that the Company deems necessary at any given moment to verify the fulfillment of the obligations by the Owner.
The Owner undertakes to collaborate with Hao Finder at all times, promptly providing the information required by the platform, as it is itself, in the same way, a party regulated by the Law.
Hao Finder informs the Owners using the Platform that, regardless of their place of residence or establishment, they must declare all their income earned as a consequence of using Hao Finder’s services to the appropriate authorities, in a manner and time established for this by the relevant regulations.
To make the Owners who use Hao Finder’s services, aware of all of the obligations related to the competent supervisory authorities in respect of taxation, social security and penalties that may apply as a result of failure to meet these obligations, Hao Finder makes available to the users the following information about the requirements arising out of renting an Rental and Commercial Property related to:
Tax obligations Social security obligations Clients -
The Client, as user of the Platform, undertakes to provide the Owner all required information in order to duly execute the relevant lease agreement.
Hao Finder shall not be liable at any time for not executing the lease agreement as a consequence of not providing enough information as evidence of the abovementioned situations and, in any case, Hao Finder does not at any time carry out its assessment or confirm its validity.
Respect the duration of the tenancy and avoid vacating the Rental and Commercial Property before the established departure date.
Obligations during the Stay
Pay the required monthly rent and all additional costs and expenses, such as utility bills, related to the Accomodation at the times and in the manner set out in the Lease Agreement.
Use the Rental and Commercial Property for the agreed purposes as permitted per the Lease Agreement.
Behave in a reasonable manner during your stay at the property. You will have to pay for the damages caused by you intentionally. In the rest of the cases (as accidents) you will have to cooperate with the owner and Hao Finder by immediately alerting such damages and by providing all the information concerning it.
Obligations Upon Termination
Early termination of your lease shall be communicated according to your Lease Agreement, and by providing at least 30 days prior written notice to Owner.
Upon termination of the contract, you must leave the Rental and Commercial Property in the same state as you found it.
12.__ RENT PAYMENTS__ After the Tenancy Agreement, or any other Agreement entered into between the Client and the Owner, has been signed, it is the sole responsibility of the Owner to collect rent payments from the Client. Hao Finder shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.
RELEASE FROM LIABILITY After 48 hours have elapsed following the Client’s Move-in Date for the Rental and Commercial Property and where Hao Finder has transferred the First Payment to the Owner, all legal and any other type of relationship between Hao Finder and the Client and between Hao Finder and the Owner shall expire with regards to the reservation. Hao Finder shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Owner and the Client.
INVOICING Once the reservation has been finalised, the corresponding simplified invoice will be sent to both the Owner and the Client and, in the event should it be requested, a detailed invoice will be sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax, depending on the country or place of the transaction.
15.__ DAMAGE TO THE Rental and Commercial Property__
The Client is responsible for maintaining the Rental and Commercial Property in the same condition when he/she arrived at the Rental and Commercial Property. The Client and the Owner acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Rental and Commercial Property. Hao Finder will not be held liable, for any event, where damage have been caused to the Rental and Commercial Property, where such liability shall be resolved between Owner and Client.
- TERMINATION AND CLOSING OF Hao Finder ACCOUNTS
Hao Finder, at its sole discretion and without the need to substantiate the reasons, may restrict access to the Website, disable or cancel Advertisements, all without it being held liable and without the obligation to provide prior notice.
Owners may request that Hao Finder remove their own Advertisement for their Rental and Commercial Property from the Platform, by writing to: landlords@Hao Finder.com. Please note that if the Advertisements are removed, Hao Finder is not obliged to transfer the content of the Advertisements to any Owner.
H__OW REVIEWS WORK__ Once their stay at the property has ended, Clients will receive a message from Hao Finder inviting them to fill out a review that will be published on our platform. The landlords, in turn, will be able to respond to said reviews. Hao Finder reserves the right to not publish or to eliminate without prior warning reviews/responses that do not follow our Review Policy.
APPLICABLE LEGISLATION AND CONFLICT RESOLUTION These Terms and Conditions shall be interpreted in accordance with Spanish law.
Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the Spanish Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be Mombasa.
Hao Finder GUARANTEE Under certain circumstances Hao Finder (the Company) will provide Guarantee to users without any need for the user to opt-in or select the coverage in any way.
Hao Finder RESERVES THE RIGHT TO WITHDRAW OR MODIFY THIS POLICY AT ANY TIME. We recommend you carefully read these Terms and Conditions regularly to inform yourself of any modifications.
The Guarantee is an additional service that Hao Finder offers users and which will only be applied when the company deems it appropriate and provided that all the conditions in the relevant section have been met.
Guarantee for Owners
C) Waiving of the Cancellation Policy for Owners in the case of Force Majeure
In the event that the Owner cancels a reservation due to Force Majeure, Hao Finder will waive the Cancellation Policy for Owners, providing that sufficient documentation has been submitted and the assessment will be made at the discretion of Hao Finder.
Guarantee applicable to Clients A) Waiving of the Cancellation Policy for Clients in the case of Force Majeure
In the event that the Client cancels their reservation due to Force Majeure, Hao Finder will waive the Cancellation Policy for Clients and will reimburse the amount paid by the Client to Hao Finder, providing that sufficient documentation has been submitted and the assessment will be made at the sole discretion of Hao Finder.
B) Cancellation of the reservation by the Owner within 48 hours following the arrival date
In the event that the Owner cancels the reservation within 48 hours following the arrival date in the Rental and Commercial Property, Hao Finder will pay the Client up to 300 Euros for Rental and Commercial Property at the company's discretion provided that the following requirements are met:
Hao Finder has received the Rental and Commercial Property invoice.
The Rental and Commercial Property is in the same city where the Client held the booking.
Reasons for force majeure Serious injury, illness or death of the user, a first degree relative or, the minor or handicapped person where the Client is the legal guardian. Serious damage to the Rental and Commercial Property. Official declaration of a disaster zone in the city where the Rental and Commercial Property is located.