Hola Home Terms and Conditions
Last Updated: July 16, 2024
Thank you for using Hola Home!
These Terms and Conditions ("Terms") are a binding legal agreement between you and Svangalabs Limited that govern your right to use the websites, applications, and other offerings from Hola Home (collectively, the "Hola Home Platform"). When used in these Terms, "Hola Home," "we," "us," or "our" refers to Svangalabs Limited.
The Hola Home Platform enables users ("Members") to publish, offer, search for, and book accommodations. Members who publish and offer accommodations are "Hosts" and Members who search for, book, or stay at accommodations are "Guests." As the provider of the Hola Home Platform, Hola Home does not own, control, offer, or manage any accommodations or host services. Hola Home is not a party to the contracts entered into directly between Hosts and Guests, nor is Hola Home a real estate broker, travel agency, or insurer. Hola Home is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service ("Payment Terms"). To learn more about Hola Home's role, see Section 6.
We maintain other terms and policies that supplement these Terms, such as our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by Hola Home.
Key Terms
Guest: A person who searches for, books, or stays at an accommodation listed on Hola Home.
Host: A person or entity that offers accommodation for booking through Hola Home.
Listing: An accommodation that is listed by a host as available for booking via the platform.
Platform: The Hola Home website, mobile applications, and other related services.
1. Acceptance of Terms
By accessing or using the Hola Home platform, you agree to comply with and be legally bound by these Terms and Conditions, whether or not you become a registered user. If you do not agree to these Terms, you may not use our services.
2. Modification of Terms
Hola Home reserves the right to modify these Terms at any time. If we make changes, we will post the revised Terms on the platform and update the "Last Updated" date. We will also notify you via email at least thirty (30) days before the new Terms become effective. If you disagree with the revised Terms, you may terminate your account. Continuing to use the platform after the effective date of the revised Terms constitutes your acceptance of the modifications.
3. Use of the Platform
3.1 Eligibility
You must be at least 18 years old and capable of entering into legally binding contracts to use the Hola Home platform. By using the platform, you represent that you meet these requirements.
3.2 Account Registration
To access certain features of the platform, you need to create an account. You agree to provide accurate and current information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Booking and Financial Terms
4.1 Booking Accommodations
When booking a listing, you agree to comply with and accept any terms, conditions, and policies associated with the accommodation. You will receive a confirmation email summarizing your booking details.
4.2 Fees and Payment
The total fees for a booking will include the accommodation fee set by the host and a service fee charged by Hola Home. Payment is due at the time of booking and will be processed through our secure payment system.
4.3 Cancellations and Refunds
Cancellation policies vary depending on the listing. Please review the specific cancellation terms provided by the host before making a booking. Refunds, if applicable, will be processed according to these terms.
5. Responsibilities and Obligations
5.1 Guest Responsibilities
Guests must leave the property in the condition it was upon arrival and comply with any house rules set by the host. Guests must respect the host's property and neighbors and act in a courteous manner.
5.2 Host Responsibilities
Hosts must provide accurate information about their listings and ensure the accommodation is available as described. Hosts are responsible for complying with all applicable laws and regulations regarding their accommodation. Hosts are responsible for collecting and remitting any applicable taxes, including value-added tax (VAT), tourism levies, or any other taxes mandated by Zambian authorities.
5.3 Cleaning Services
Some hosts may offer cleaning services at their discretion. The terms and conditions of these services are determined by the individual hosts and will be communicated to guests as applicable.
6. Liability and Disclaimers
6.1 Limitation of Liability
To the maximum extent permitted by law, Hola Home (Svangalabs Limited) is not liable for any indirect, incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, arising out of or in connection with your use of the platform.
6.2 Disclaimers
Hola Home provides the platform "as is" without warranty of any kind, either express or implied. We do not guarantee the accuracy, completeness, or reliability of any content or information provided through the platform.
7. Compliance with Zambian Law
7.1 Legal Compliance
Users must comply with all applicable laws and regulations of Zambia, including but not limited to property rental laws, consumer protection laws, and data protection regulations.
8. Governing Law and Dispute Resolution
8.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Zambia.
8.2 Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through amicable negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to arbitration in accordance with the Arbitration Act of Zambia.
9. User Conduct
9.1 Prohibited Activities
Users agree not to engage in any of the following prohibited activities:
- Violating any local, state, provincial, national, or other law or regulation, or any order of a court.
- Using the platform for any commercial purposes that are not expressly permitted by these Terms.
- Copying, storing, or otherwise accessing any information contained on the platform for purposes not expressly permitted by these Terms.
- Using the platform to distribute unsolicited commercial messages ("spam").
9.2 User Content
Users are responsible for any content they post on the platform. Hola Home does not endorse any user content and expressly disclaims any and all liability in connection with user content.
10. Privacy
10.1 Data Collection
We collect personal information from you when you use the platform. This information may include your name, email address, phone number, payment information, and any other information you choose to provide.
10.2 Use of Data
We use your data to provide and improve our services, process transactions, and communicate with you. We do not share your personal information with third parties except as necessary to provide our services or as required by law.
10.3 Data Security
We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure. However, no internet or email transmission is ever fully secure or error-free.
11. Termination
11.1 Termination by User
You may terminate your account at any time by following the instructions on the platform. Upon termination, you will remain liable for all bookings made prior to termination.
11.2 Termination by Hola Home
Hola Home may terminate or suspend your account and access to the platform at any time, without prior notice and at our sole discretion, if you breach these Terms or engage in conduct that we deem inappropriate.
12. Intellectual Property
12.1 Ownership
All content, trademarks, and data on the Hola Home platform are owned by Svangalabs Limited or its licensors and are protected by intellectual property laws.
12.2 License to Use
Users are granted a limited, non-exclusive, non-transferable license to access and use the platform for personal, non-commercial purposes.
13. Insurance
13.1 Host Insurance
While it is not mandatory, hosts are encouraged to maintain appropriate insurance coverage for their properties, including liability insurance, and provide proof of such insurance upon insurance upon request.
13.2 Guest Insurance
Guests are encouraged to obtain travel insurance to cover any potential losses or damages during their stay.
14. Force Majeure
14.1 Force Majeure Events
Hola Home is not liable for any failure to perform its obligations under these Terms if such failure is due to events beyond its reasonable control, including but not limited to natural disasters, war, or government actions.
15. Miscellaneous
15.1 Entire Agreement
These Terms constitute the entire agreement between you and Hola Home regarding the use of the platform and supersede any prior agreements between you and Hola Home.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3 Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Hola Home's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Regulatory Authorities
For concerns regarding compliance, users can contact the Zambia Information and Communications Technology Authority (ZICTA) and the Competition and Consumer Protection Commission (CCPC).
16. Consumer Protection and Privacy
16.1 Consumer Rights
Hola Home will respect the consumer rights of its users as provided under the Zambian Consumer Protection Act, including the right to fair treatment, the right to privacy, and the right to accurate information.
16.2 Privacy Policy
Include a reference to a detailed Privacy Policy that complies with the Zambian Data Protection Act. Ensure the policy outlines how user data is collected, used, stored, and shared.
17. Hosting and Listing Obligations
17.1 Host Obligations
Hosts must ensure that their listings comply with all applicable zoning laws, permits, and other legal requirements. They must also ensure that their properties meet safety standards as required by Zambian law.
17.2 Taxes and Levies
Hosts are responsible for collecting and remitting any applicable taxes, including value- added tax (VAT), tourism levies, or any other taxes mandated by Zambian authorities.
18. Dispute Resolution and Jurisdiction
18.1 Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through amicable negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to arbitration in accordance with the Arbitration Act of Zambia.
18.2 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Zambia.
19. Company Information
Company Details: Svangalabs Limited, 47 Entebbe Avenue, Mine Area, Mufulira, Copperbelt Province, Zambia.
20. Contact Us
If you have any questions about these Terms and Conditions, please contact us at developer@svangalabs.com
