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1. ABOUT TOURLAST AND CONTACT INFORMATION

1.1. Company Identity
Tourlast.com and its related websites, mobile applications (including but not limited to iOS and Android applications), application programming interfaces (APIs), widgets, and any other digital platforms through which content is delivered (collectively referred to as the “Platform”) are owned, managed, and operated by Tourlast Limited, a private limited liability company duly incorporated and registered under the Companies Act of the Laws of the Republic of Kenya, with Certificate of Incorporation No. PVT-3QUDXJ76. Its registered office is situated at 2129 Office Suites Muthithi Road Westlands, Nairobi, Kenya (“Tourlast”, “we”, “our”, or “us”).

1.2. Nature of Business
Tourlast functions exclusively as an online travel agency (OTA) and an intermediary technology platform. Our role is strictly limited to:
(a) Providing a digital infrastructure that facilitates the search, comparison, and reservation of third-party Travel Products.
(b) Acting as a disclosed agent for the Suppliers of such Travel Products solely for the purpose of collecting payment and transmitting booking details.
(c) We are NOT a co-vendor, co-provider, or joint venturer with the Supplier.

1.3. Contact and Notices
All formal notices, complaints, or legal correspondence regarding these Terms must be directed as follows:

2. ABOUT THESE TERMS: SCOPE AND INTERPRETATION

2.1. Application of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User”, “Traveler”, “you”, or “your”) and Tourlast Limited. These Terms exclusively govern:
(a) Platform Access: Your browsing, viewing, and use of any feature, tool, content available, or travel products which is provided by third-party suppliers on the Tourlast Platform, irrespective of whether a booking is ultimately made.
(b) Booking Facilitation: The process by which Tourlast facilitates the reservation of Travel Products on your behalf with third-party Suppliers.

2.2. Definitions and Interpretations
In these Terms, the following definitions shall apply:

2.3. Hierarchical Legal Structure
The User acknowledges and agrees to the following binding hierarchy of documents in the event of a booking:

  1. Mandatory Consumer Law: Any non-excludable rights under the Kenyan Consumer Protection Act or local jurisdictional statutes.
  2. Supplier Terms: The contract of carriage, rental agreement, or reservation policy of the airline, hotel, or service provider. This is the primary contract governing service delivery, safety, and performance.
  3. These Tourlast Terms: Governing your use of our intermediary services, Platform behavior, and payment processing facilitation.

2.4. Conflict Resolution Clause
Where there is a direct conflict between a provision of these Terms and a Supplier Term regarding the actual execution of the travel service (e.g., baggage allowance, check-in time, room type), the Supplier Terms shall prevail. Regarding Platform use, data handling by Tourlast, and payment processing, these Terms shall prevail.

3. ACCEPTANCE OF TERMS AND REPRESENTATIONS

3.1. Affirmative Assent
By clicking "Accept," "Confirm Booking," "Pay Now," or by merely accessing and browsing the Platform, you expressly:
(a) Acknowledge that you have read and understood these Terms in their entirety.
(b) Agree to be unconditionally bound by these Terms and our Privacy Policy.

3.2. Legal Capacity and Authority
You represent and warrant that:
(a) Age of Majority: You are at least eighteen (18) years of age or have attained the age of majority in your jurisdiction of residence, whichever is greater.
(b) Legal Competence: You possess the mental and legal capacity to enter into binding contracts and are not prohibited from doing so under any applicable law or sanction.
(c) Agency Capacity: If you are making a Booking on behalf of a third party (including but not limited to family members, colleagues, or group members), you warrant that you have obtained explicit, prior authorization from each such third party to: (i) provide their personal data; (ii) bind them to these Terms; and (iii) bind them to the relevant Supplier Terms.

3.3. Exclusion of Automated Access
You represent that you are a natural person acting as a consumer or authorized business agent and not a robot, scraper, or automated script, unless operating under a separate, signed API Agreement with Tourlast Limited.

4. USE OF THE PLATFORM: RIGHTS AND RESTRICTIONS

4.1. Platform Availability and Technical Performance
(a) As-Is Basis: The Platform is provided on an "as is" and "as available" basis. We employ industry-standard practices to ensure high availability; however, we do not provide an unconditional guarantee of uninterrupted or error-free operation.
(b) Scheduled Maintenance: We reserve the right to suspend access to the Platform for scheduled or emergency maintenance with or without prior notice. We shall endeavor to minimize disruption during peak booking hours.
(c) Technical Prerequisites: You are solely responsible for providing the hardware, internet connection, and software (browser) necessary to access the Platform.

4.2. Account Registration and Security Obligations
(a) Accuracy: You agree to provide true, accurate, current, and complete information during the registration or guest checkout process.
(b) Credential Confidentiality: You are strictly prohibited from sharing your account credentials or allowing any other person to access your account. You bear full responsibility for all activities, transactions, and communications occurring under your account credentials, including any financial liability incurred.
(c) Notification of Breach: You must notify Tourlast immediately via support@tourlast.com of any unauthorized use of your account or any other breach of security.

4.3. Account Suspension and Termination Rights
Tourlast reserves the right, exercisable at its sole discretion and without prior liability, to suspend, restrict, or permanently terminate your access to the Platform in the following non-exhaustive scenarios:
(a) Suspected fraudulent activity or chargeback abuse.
(b) Violation of the Prohibited Use provisions (Section 5).
(c) Provision of false or misleading identity information.
(d) Harassment of Tourlast staff or Suppliers via the Platform communication channels.

5. PROHIBITED USE AND ACCEPTABLE USE POLICY

5.1. Prohibited Activities
You specifically agree NOT to engage in any of the following conduct:
(a) Fraudulent Transactions: Using stolen payment instruments, attempting to test card validity ("carding"), or making speculative or false Bookings.
(b) Content Scraping: Using any robot, spider, scraper, or other automated means to access, extract, or index Platform content, pricing data, or Supplier inventory for any purpose, including price comparison or resale, without Tourlast's express prior written consent.
(c) Speculative Booking: Holding multiple reservations for the same dates/travelers with the intention of canceling all but one, thereby artificially reducing Supplier inventory.
(d) Interference: Uploading files containing viruses, Trojan horses, worms, logic bombs, or any other material that is malicious or technologically harmful.
(e) Impersonation: Falsely implying a relationship with Tourlast or misrepresenting your affiliation with any person or entity.

5.2. Consequences of Violation
In addition to any legal remedies available under Kenyan law (including the Computer Misuse and Cybercrimes Act), violation of this Section 5 shall result in immediate termination of your Booking(s) without refund, forfeiture of any monies paid, and a permanent ban from the Platform.

6. BOOKING TERMS: PROCESS AND VERIFICATION

6.1. Duty of Accuracy Regarding Traveler Data
(a) Passenger Name Records (PNR): For Flight Bookings, the full name provided MUST EXACTLY MATCH the traveler's government-issued identification document (Passport, National ID, or Driver's License). Name changes are not permitted under most airline fare rules; a new booking may be required at the User's full cost.
(b) Contactability: You must provide a valid, active email address and mobile phone number. Tourlast and the Supplier rely on this information for Schedule Changes, Emergency Alerts, and check-in instructions.
(c) Liability for Inaccuracies: Tourlast accepts no liability and shall provide NO REFUND for denied boarding, denied hotel check-in, or cancellation of services resulting from typographical errors made by the User during the booking process.

6.2. The Confirmation Process
(a) Step 1 - Platform Confirmation: Upon successful payment authorization, you will receive an on-screen confirmation and a "Booking Acknowledgement" email from Tourlast. This serves as proof of your instruction to Tourlast to purchase the service on your behalf.
(b) Step 2 - Supplier Confirmation: The binding contract is formed when the Supplier issues a Supplier Reference Number or Confirmation Voucher. This may be transmitted via the Tourlast Platform or directly to your email.
(c) Verification Obligation: YOU MUST REVIEW ALL CONFIRMATION DOCUMENTS IMMEDIATELY UPON RECEIPT. Any errors (dates, names, flight numbers) must be reported to Tourlast Customer Support within four (4) hours of booking to attempt correction. Corrections requested after this window are subject to Supplier discretion and significant amendment fees.

6.3. Manifest Error and Pricing Discrepancies
(a) Definition of Manifest Error: A pricing error where a Travel Product is listed at a price so significantly below market value that a reasonable person would understand it to be an error (e.g., a $10,000 Business Class ticket listed for $50 due to a technical glitch).
(b) Voiding Rights: In the event of a Manifest Error, Tourlast reserves the right to unilaterally void the Booking and refund the amount paid in full. Tourlast shall not be liable for any consequential loss, exchange rate loss, or alternative travel arrangements made in reliance on the erroneous Booking.

7. PAYMENTS, CURRENCY, AND FINANCIAL PROCESSING

7.1. Payment Collection Models
Tourlast operates under two distinct financial models:
(a) Agency Collection Model (Merchant of Record): For most prepaid Bookings, Tourlast Limited acts as the Merchant of Record. Charges will appear on your statement as "TOURLAST" or similar. Funds are held in trust on behalf of the Supplier until the service date.
(b) Facilitated Direct Payment: For certain "Pay at Hotel" or "Pay to Driver" bookings, Tourlast collects only a deposit or service fee. The remaining balance is a direct transaction between you and the Supplier at the point of consumption.

7.2. Currency Fluctuations and Foreign Exchange (FX)
(a) Display Currency: The Platform may allow you to view prices in your preferred currency based on indicative exchange rates. These are estimates only.
(b) Transaction Currency: The actual transaction may be settled in Kenyan Shillings (KES), US Dollars (USD), or the local currency of the Supplier. Your card issuer or bank determines the final exchange rate and may apply Foreign Transaction Fees or Cross-Border Assessment Fees.
(c) Currency Discrepancy: Tourlast is not responsible for any difference between the indicative price shown in the currency converter and the final amount debited by your bank due to exchange rate movements or bank fees.

7.3. Refund Processing Policy
(a) Timeline: If a Booking qualifies for a refund under the Supplier's cancellation policy, Tourlast will initiate the refund credit to the original payment method within seven (7) business days of receiving the funds back from the Supplier.
(b) Financial Delays: Tourlast does not control the banking system. Credit card refunds may take an additional 5-10 business days (or one billing cycle) to appear on your statement.
(c) Non-Refundable Fees: Under no circumstances are Tourlast's Service Fees, Credit Card Processing Surcharges, or Bank Transfer Costs refundable, except where required by Kenyan consumer protection legislation.

8. TRAVELER'S LEGAL AND ADMINISTRATIVE RESPONSIBILITIES

8.1. Passports, Visas, and Health Certificates
(a) Sole Obligation: It is the Traveler's exclusive and non-delegable duty to verify and obtain all required entry documents for the destination country and any transit points.
(b) Passport Validity Rule: Most countries require passports to be valid for a minimum of six (6) months beyond the intended date of departure from that country. Failure to meet this standard is the most common cause of denied boarding.
(c) Visa Advisory: Tourlast provides visa information links as a courtesy only. Such information is for general reference and may not reflect the most current diplomatic notices or real-time immigration policy changes. You must check with the Embassy or Consulate of the destination country in your country of residence.

8.2. Travel Insurance Requirement
YOU ARE STRONGLY ADVISED AND ENCOURAGED TO PURCHASE COMPREHENSIVE TRAVEL INSURANCE. This insurance should cover, at minimum: Travel Cancellation, Travel Interruption, Emergency Medical and Dental Care, Medical Evacuation, and Baggage Loss/Delay. Tourlast is not a licensed insurance broker and does not provide advice on policy adequacy.

8.3. Force Majeure Events
Tourlast shall not be liable for any failure or delay in performance due to Force Majeure Events, defined as acts of God, war, terrorism, civil unrest, government travel bans, epidemic/pandemic restrictions, volcanic ash clouds, air traffic control strikes, or extreme weather events.

9. THIRD-PARTY SUPPLIER TERMS AND CONDITIONS

9.1. Incorporation by Reference
You acknowledge that by booking a Travel Product through Tourlast, you are additionally entering into a legally binding agreement with the Supplier. These Supplier Terms (including, but not limited to, the Airline's Conditions of Carriage or the Hotel's Occupancy Agreement) are incorporated into this agreement by reference.

9.2. Special Note on Airline Bankruptcy and Insolvency
Tourlast acts as an agent for the airline. In the event of an airline insolvency (cessation of operations), Tourlast's liability is strictly limited to the amount of funds we are able to recover from the airline's estate or via credit card chargeback rights. Tourlast does not underwrite or guarantee the financial solvency of any airline.

9.3. Limitations of Intermediary Assistance
While Tourlast will use commercially reasonable efforts to liaise with Suppliers regarding disputes (e.g., missing refunds, incorrect charges), Tourlast cannot override a Supplier's internal policies regarding no-shows, check-in age requirements, or pet policies.

10. SPECIFIC PRODUCT TERMS AND DISCLOSURES

10.1. Air Travel (Flights)
(a) Sequence of Flights: You are required to utilize all flight coupons in the sequence issued. Failure to board the first segment of a journey (a "No-Show") will automatically result in the cancellation of all subsequent flight segments (including return flights) without refund.
(b) Schedule Changes: Airlines reserve the right to change schedules and aircraft types without notice to Tourlast. While we will attempt to notify you of changes, we are not responsible for resulting missed connections or accommodation costs unless stipulated by Kenyan Civil Aviation Regulations.
(c) Security Information: Under the laws of various jurisdictions, Tourlast may be required to provide Passenger Name Record (PNR) data to customs and border protection authorities.

10.2. Accommodation (Hotels, Apartments, Villas)
(a) Classification and Imagery: Star ratings provided on the Platform are a general guideline based on either official tourism board criteria or aggregated guest reviews. Room photographs are provided by the property; layout, view, and furnishings may vary.
(b) Resort Fees and Local Taxes: Properties, particularly in the Americas, may levy mandatory Resort Fees or Destination Marketing Fees. These are NOT included in the Tourlast prepayment total unless explicitly stated as "All Taxes and Fees Included." These fees are payable directly at the property upon check-out.
(c) Damage Deposits: Many properties require a security deposit hold on a valid credit card at check-in. Tourlast is not responsible for the release timeline of these holds by the User's bank.

10.3. Tours, Transfers, and Experiences
(a) Punctuality: Tours and transfers operate on a strict schedule. Refunds are not available for missed pickups due to User lateness, failure to identify the correct meeting point, or failure to provide correct contact details (e.g., WhatsApp number) to the local operator.

11. USER-GENERATED CONTENT AND REVIEW VERIFICATION

11.1. License Grant
By posting any content, including hotel reviews, travel photos, or forum comments ("User Content") on the Platform, you grant Tourlast Limited a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media formats and through any media channels for the purposes of operating, marketing, and improving the Platform.

11.2. Content Standards and Verification
(a) Verification: Tourlast may implement "Verified Traveler" badges for reviews associated with a confirmed Tourlast Booking.
(b) Prohibited Review Content: You agree not to post reviews that contain:

11.3. Right to Remove
Tourlast reserves the right, but not the obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise harmful to the Platform's ecosystem.

12. DATA PRIVACY AND CROSS-BORDER TRANSFER

12.1. Applicable Legislation
Your personal data is processed in strict accordance with:
(a) The Data Protection Act, 2019 (Kenya) and any regulations issued thereunder by the Office of the Data Protection Commissioner (ODPC).
(b) The principles of the General Data Protection Regulation (GDPR) for data subjects located within the European Economic Area (EEA) and the United Kingdom.

12.2. Purpose of Processing
We collect and process your data for the following lawful purposes:
(a) Contractual Necessity: To facilitate your Booking (e.g., sending your name and passport number to the airline).
(b) Legitimate Interest: To prevent fraud, secure our Platform, and send you service-related emails regarding your travel.
(c) Consent: For marketing communications, from which you may unsubscribe at any time.

12.3. Data Sharing with Suppliers
IMPORTANT DISCLOSURE: In order to fulfill your Booking, Tourlast must transfer your Personal Data (Name, Contact Details, Passport Number, Special Needs) to the relevant Suppliers. Some Suppliers may be located in jurisdictions outside of Kenya or the EEA that may not offer the same level of data protection as your home country. By using the Platform, you provide explicit consent for these cross-border data transfers necessary for the performance of the travel contract. Full details are available in the Tourlast Privacy Policy.

13. LIABILITY LIMITATION AND INDEMNIFICATION

13.1. Exclusion of Implied Warranties
To the fullest extent permissible under Kenyan law and applicable international conventions (such as the Montreal Convention 1999 for air travel), Tourlast disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement regarding the Platform's operation and the Travel Products.

13.2. Limitation of Liability Cap
Subject to any non-excludable liability for death or personal injury caused by negligence or fraud:
(a) Financial Cap: The aggregate liability of Tourlast Limited to you for any loss or damage arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount of the Service Fee retained by Tourlast for the specific Booking in question, or Five Thousand Kenyan Shillings (KES 5,000) if no Booking was made.
(b) Exclusion of Consequential Loss: In no event shall Tourlast be liable for any indirect, special, punitive, incidental, or consequential damages, including but not limited to: loss of profit, loss of business opportunity, loss of savings, damage to reputation, or costs of alternative travel arrangements (e.g., last-minute flight purchases).

13.3. Indemnification by User
You agree to indemnify, defend, and hold harmless Tourlast Limited, its directors, officers, employees, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees on an attorney-client basis) arising out of or in any way connected with:
(a) Your breach of these Terms.
(b) Your violation of any Supplier Terms or laws of a foreign jurisdiction.
(c) Your negligent or intentional misconduct during travel.

14. FRAUD PREVENTION, SECURITY, AND SANCTIONS

14.1. Anti-Fraud Verification
To maintain the integrity of the booking ecosystem, Tourlast employs automated and manual fraud screening. We reserve the right to cancel any Booking pending manual verification.
(a) KYC Requests: In cases of high-value bookings or flagged transaction patterns, Tourlast may require you to upload a copy of a government-issued Photo ID and the front of the credit card used for payment (showing only the last 4 digits and name).
(b) Refusal of Verification: Failure to provide requested verification within 48 hours will result in automatic cancellation of the Booking and a refund processed net of any non-refundable processing costs.

14.2. Sanctions Compliance
You warrant that you are not:
(a) Listed on any sanctions list maintained by the United Nations, the United States Office of Foreign Assets Control (OFAC), the United Kingdom HM Treasury, or the Government of Kenya.
(b) Residing in, or traveling to/from, a jurisdiction subject to comprehensive economic sanctions where the provision of travel services is prohibited.

15. TERMINATION OF AGREEMENT

15.1. Termination by User
You may terminate your use of the Platform at any time by ceasing to access it and closing your account. Such termination does not affect any ongoing Bookings, which remain subject to these Terms and Supplier Terms.

15.2. Termination by Tourlast
Tourlast may terminate this Agreement and your account with immediate effect without prior notice:
(a) Upon your breach of Section 5 (Prohibited Use) or Section 14 (Fraud & Security).
(b) If you file a frivolous chargeback dispute with your credit card issuer contrary to the evidence of service delivery.

15.3. Survival
The provisions of Sections 11 (User Content), 13 (Liability Limitation), and 17 (Governing Law) shall survive any termination of these Terms.

16. COMPLAINT HANDLING PROCEDURE AND DISPUTE RESOLUTION

16.1. Internal Resolution Mechanism
Any complaint regarding the Platform service must be submitted in writing to support@tourlast.com within thirty (30) days of the completion of travel or the event giving rise to the complaint. The email subject line must include: "FORMAL COMPLAINT - [BOOKING ID]" .

16.2. Escalation Timeline
Tourlast will acknowledge receipt of a formal complaint within three (3) business days and provide a substantive response or resolution proposal within twenty-one (21) business days.

16.3. Post-Travel Supplier Disputes
For complaints regarding the quality of the Travel Product itself (e.g., dirty room, rude guide), you MUST follow the Supplier's on-site resolution process first (e.g., speaking to the Hotel Manager immediately). Failure to notify the Supplier on-site may invalidate your right to a post-travel refund.

17. GOVERNING LAW, JURISDICTION, AND CONSUMER PROTECTION

17.1. Primary Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws of the Republic of Kenya.

17.2. Exclusive Jurisdiction
Subject to Clause 17.3, the courts of Nairobi, Kenya, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.

17.3. Mandatory Consumer Protections
IMPORTANT - INTERNATIONAL USERS: If you are a consumer residing in a jurisdiction with mandatory, non-derogable consumer protection laws (e.g., the United Kingdom, European Union Member States, Australia, or specific states of the USA), nothing in these Terms shall limit your rights to bring an action in the courts of your place of residence or domicile or your right to rely on the statutory protections afforded by such local law.

18. LANGUAGE AND INTERPRETATION

18.1. Controlling Language
This Agreement was drafted in the English language. In the event of any inconsistency or discrepancy between the English version and any translation provided by machine or third-party service, the English version of these Terms shall prevail.

18.2. Headings
Section headings are provided for convenience of reference only and shall not affect the construction or interpretation of these Terms.

19. GENERAL PROVISIONS

19.1. Entire Agreement
These Terms, together with the Privacy Policy and the relevant Supplier Terms, constitute the entire and exclusive agreement between you and Tourlast Limited regarding your use of the Platform and supersede all prior communications, representations, and agreements, whether oral or written.

19.2. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed. The validity and enforceability of the remaining provisions shall not be affected.

19.3. No Waiver
The failure of Tourlast to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any breach shall not constitute a waiver of any subsequent breach.

19.4. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Tourlast. Tourlast may assign or transfer these Terms or any rights hereunder without restriction.

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