These Terms of Service (“Terms”) are a binding legal agreement between you and Numinous Holdings Ltd (“Winda”) that govern your right to use the winda.guide website, and other offerings from Winda.guide collectively known as (“Winda Platform”). When used in these terms, “Provider”, “Winda,” “we,” “us,” or “our” refers to Numinous Holdings Ltd.
Winda Platform offers an online location that enables users (“Customers”) to book a variety of travel services (“Services”) ie. accommodations (“Accommodation”), activities, activities, events (“Activities”), and transportation (“Transport”). These travel services are offered by providers that we contractually work with to sell these services on their behalf. You must register an account to access and use many features of Winda, and must keep your account information accurate. As the provider of the Winda website, Winda does not own, control, offer or manage any listings, activities, or transport services. Winda is a platform that gives access to these services and organizes them on behalf of guests in the capacity of a travel agency.
1. Actions on Winda’s website
1.1 Browsing. You can browse through different curated trips put together by Winda, view them, add in your dates of travel, book them as they are, or request to make changes to the curated by way of leaving us a message online, via WhatsApp text, calling, or by email.
1.2 Searching. You can search for Services by using criteria such as travel destination and the number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, type of service, the number of people, reviews, and popularity.
1.3 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Winda’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Winda may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in these Terms) amounts. When you receive the booking confirmation, a contract for Services (a "Reservation") is formed directly between you and the accommodation, activities, and/or transport providers (“Service Providers”). In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy, and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.
1.4 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Service provider retains the right to grant you entry into the accommodation, If you stay past checkout, they have the right to charge you in a manner consistent with applicable law. You may not exceed the maximum number of allowed Customers.
1.5 Activities Reservations. This Reservation entitles you to participate in, attend, or use that Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Service Provider of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Service. Except where expressly authorized, you may not allow any person to join a Service unless they are included as an additional guest during the booking process.
1.6 Transport Reservations. This Reservation entitles you to use that transport Service. You are responsible for confirming the number of people booked for the service, that you, and anyone you invite, meet the minimum age, proficiency, fitness, or other requirements for using the relevant transport service. Where required should you hire a vehicle without a driver, you are responsible for having the relevant document proving your ability to operate the hired vehicle. All vehicles that are hired have insurance which is included in the rental price. You are responsible for informing the Service Provider of any medical or physical conditions, or other circumstances that may impact your ability to use the Service.
2. Cancellations, and Refunds
2.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our cancellation policy under extenuating circumstances. If the Service Provider cancels, or you activity a Travel Issue (as defined in the cancellation policy), you may be entitled to rebooking assistance or a partial or full refund under our cancellation policy.
2.2 Booking Modifications. You are able to make modifications to your booking but that will dall under travel concierge services which incur any additional charges. Please refer to our website in the section: Travel Concierge. Customers are responsible for any booking modifications they make through us or on their behalf ("Booking Modifications") and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Services. For example, this means: (i) you are responsible for leaving an Accommodation, Transport and Activity (where applicable) in the condition it was in when you arrived, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), cause to a Service, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If your service reservation includes an additional guest who is a minor or if you bring a minor to any Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.1 Service Provider Taxes. As a Service Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
5. General Terms
5.1 Reviews After each Service, Customers and Service Providers will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content section below. Reviews are not verified by Winda for accuracy and may be incorrect or misleading.
5.3 Winda Platform Rules
5.4 Reporting Violations. If you believe that a Customer, Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Winda. In addition, if you believe that a Customer, Listing, or Content has violated our Standards, you should report your concerns to Winda. If you reported an issue to local authorities, Winda may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
5.5 Copyright Notifications. If you believe that Content on the Winda Platform infringes copyrights, please notify us.
5.6 Termination, Suspension, and other Measures.
5.6.1 Term. The agreement between you and Winda reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
5.6.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Winda may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Winda may also terminate this agreement immediately and without prior notice and stop providing access to the Winda Platform if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Winda, its Customers, or third parties (for example in the case of fraudulent behavior of a Customer), or (iv) your account has been inactive for more than two years.
5.6.3 Customer Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third party rights, (vi) you have repeatedly canceled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Winda’s Service Provider, its Customers, or third parties, Winda may:
suspend or limit your access to or use of the Winda Platform and/or your account; suspend or remove Listings, Reviews, or other Content;
cancel pending or confirmed bookings; or In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Winda and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Customers or third parties, or (iii) contravene applicable laws.
5.6.4 Winda may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 5.6.3.
5.6.5 If you are a Service Provider and request to terminate your Winda account, any confirmed booking(s) will be automatically be cancelled and you will be required to issue a full refund of any confirmed bookings if released, otherwise the Customers will receive a full refund if we still hold the funds. If you terminate your account as a Customer, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Winda Platform has been limited, or your Winda account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Winda Platform through an account of another Customer.
6. Modification of these Terms When we propose changes to these Terms, we will post the revised Terms on the Winda Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms.
7. Resolving Complaints and Damage Claims If a Service Provider has valid evidence that you, or your guest(s), culpably damaged their property, or real or personal property the complaining Service Provider is responsible for, including consequential damages, ("Damage Claim"), and notify Winda to seek compensation through Winda. You will be notified of the Damage Claim and given an opportunity to respond within 7 days. If you agree to pay, Winda will collect the amount of the Damage Claim from you. Winda may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Winda requests, execute documents, and take further reasonable action, in connection with Damage Claims, Customer/Service Provider complaints, claims under insurance policies, or other claims related to your provision or use of Services. You may appeal a decision by Winda by contacting our customer service. Any decisions made by Winda in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
8. Winda’s Role We offer you the right to use a platform that enables Customers to, search and book curated trips organized by us and Services provided by Service Partners that we work with. When Customers make or accept a booking, they are entering into a contract directly with the Service Provider. Winda is not and does not become a party to or another participant in any contractual relationship between the Customer and Service Provider. While we work hard to ensure our Customers have great activities using Winda, we do not and cannot control the conduct or performance of the Service Providers or Customers and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Customers or Service Providers. Customers and Service Providers agree to cooperate with and assist Winda in good faith, and to provide Winda with such information, and take such actions as may be reasonably requested by Winda with respect to any investigation undertaken by Winda regarding the use or abuse of the Winda Platform.
9. Customer Accounts You must register an account to access and use many features of the Winda Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Winda Platform under the laws of Kenya, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Winda if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Winda Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
10. Disclaimer We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Customer, Service Provider, Listing, or third party and we do not warrant that verification, identity, or background checks conducted on Customers or Service Providers (if any) will identify past misconduct or prevent future misconduct.
11. Liability Winda is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Winda’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Winda in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Winda is excluded.
12. Indemnification To the maximum extent permitted by applicable law, you agree to release, defend (at Winda’s option), indemnify, and hold Winda (including other affiliates, and their personnel) 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: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards, (ii) your improper use of the Winda Platform, (iii) your interaction with any Customer, stay at an Accommodation, participation in an activity or use of transport services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
13. Applicable law and Jurisdiction These Terms are governed by and construed in accordance with Kenya law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Kenyan law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Winda’s place of business in Kenya. If Winda wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Kenyan courts.
14.1 No Waiver. Winda’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.
14.2 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Winda’s prior written consent. Winda may without restriction assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 5.6 remains unaffected.
14.3 Notice. Unless specified otherwise, any notices or other communications to Customers or Service Providers permitted or required under this agreement, will be provided electronically and given by Winda via email, Winda Platform notification, messaging service (including SMS and WhatsApp), or any other contact method we enable you to provide.
14.4 Third-Party Services. The Winda Platform may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Winda is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
14.5 Google Terms. Some areas of the Winda Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
14.6 Winda Platform Content. Content made available through the Winda Platform may be protected by copyright, trademark, and/or other laws of Kenya and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Winda and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Winda Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Winda grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Winda Platform and accessible to you, solely for your personal and non-commercial use.
14.7 Force Majeure. Winda shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.8 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Winda account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Winda Account.
14.9 Contact Us If you have any questions about these Terms please email or whatsApp us.
15. Dispute Resolution and Arbitration Agreement.
15.1 Overview of Dispute Resolution Process. Winda is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Winda’s customer service team (described in paragraph 15.2, below), and if necessary (2) a binding arbitration administered by the London Court of International Arbitration (“LCIA”). You and Winda each retain the right to seek relief in small claims court as an alternative to arbitration.
15.2 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Winda each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of the dispute to Winda by mailing it to Winda’s address: P.O. Box 1345, 00606, Sarit Center, Westlands, Nairobi, Kenya. Winda will send its notice of dispute to the email address associated with your Winda account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration with the LCIA and providing a copy to the other party as specified in the LCIA Rules.
15.3 Agreement to Arbitrate. You and Winda mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Winda Platform, Travel Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Winda agree that the arbitrator will decide that issue.
15.4 Arbitration Rules and Governing Law. The arbitration will be administered by LCIA in accordance with the Consumer Arbitration Rules and/or other LCIA arbitration rules determined to be applicable by the LCIA.
16. Additional Distribution Channels Winda operates an affiliate program through which Listings may be featured on third-party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for Winda published on third-party websites from time to time.