Akwaaba Stays Ltd. – Host Terms and Conditions

Effective Date: [Date]

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE LISTING YOUR PROPERTY ON THE AKWAABA STAY PLATFORM.

These Host Terms and Conditions (“Host Terms“) constitute a legally binding agreement between you (“Host,” “you,” “your“) and Akwaaba Stays Ltd. (“Akwaaba Stay,” “we,” “us,” “our“). By clicking “I Agree,” creating a host account, or listing a property on our platform, you agree to be bound by these Host Terms, our [Guest Terms and Conditions], and our [Privacy Policy], which are incorporated by reference.

1. Definitions

• “Platform” refers to the Akwaaba Stay website, mobile application, and associated services.
• “Listing” refers to a property you make available for rent via the Platform.
• “Guest” refers to a user who books a Listing through the Platform.
• “Booking” refers a confirmed reservation of a Listing by a Guest.
• “Host Fees” refers to the commission fee retained by Akwaaba Stay from the Total Booking Value.

2. Host Eligibility and Account

• You must be at least 18 years old and have the legal capacity to enter into contracts.
• You warrant that you are the owner of the property or have the full legal authority to list and rent the property (e.g., as a legally authorized property manager).
• You are responsible for maintaining the confidentiality of your account login details and for all activities under your account.

3. Creating and Managing Your Listing

• Accuracy: You agree to provide complete, accurate, and up-to-date information for your Listing, including description, location, amenities, availability, and house rules.
• Photographs: All photographs must accurately represent the current condition and appearance of the property.
• Legal Compliance: You are solely responsible for ensuring that your Listing and any rental thereof complies with all applicable laws, regulations, tax requirements, and rules governing the property, including but not limited to:

  • The Companies Act, 2019 (Act 992)

  • The Income Tax Act, 2015 (Act 896) (for declaring rental income).

  • Local Government By-Laws (e.g., business permits, tourism levies).

  • Homeowners’ Association (HOA) rules or tenancy agreements.

• “Verified” Badge: Akwaaba Stay may offer a “Verified” status for Listings that pass a physical or documentary check. This is at our discretion and does not constitute an endorsement or warranty of the property’s safety or condition.

4. Booking and Financial Terms

• Booking Requests: You can choose to approve booking requests manually or use an instant booking feature.
• Pricing: You set the price for your Listing. You are solely responsible for setting the correct price, including any applicable taxes.
• Host Fees: You agree to pay Akwaaba Stay a service fee of [e.g., 10%] of the Total Booking Value (“Host Fees“). This fee will be automatically deducted from the payout to you.
• Payouts: Payouts for confirmed Bookings, minus the Host Fees, will be remitted to your designated bank or mobile money account within [e.g., 24-48 hours] after the Guest’s scheduled check-in.
• Taxes: You are solely responsible for determining your obligations to report, collect, remit, or include in your Listing price any applicable taxes (including Income Tax). Akwaaba Stay is not responsible for withholding or remitting taxes on your behalf.

5. Your Responsibilities as a Host

• Safety and Compliance: You are responsible for your property’s safety and compliance with any health, safety, and maintenance standards required by Ghanaian law. This includes working smoke detectors, safe electrical systems, and clear emergency exits.
• No Discrimination: You agree to comply with all applicable anti-discrimination laws. You will not decline a booking based on the Guest’s race, religion, national origin, disability, sexual orientation, or marital status.
• Host-Guest Agreement: You may establish reasonable house rules for your Guests. Any additional agreements with Guests must be consistent with these Host Terms and Akwaaba Stay’s policies.
• Data Protection: You agree to comply with the Data Protection Act, 2012 (Act 843) in your handling of any Guest personal data received through the Platform. You will not use this data for any purpose unrelated to the Booking.

6. Cancellations and Refunds

• Host Cancellations: Cancellations disrupt Guest plans and harm our reputation. If you cancel a confirmed Booking:

  • We will refund the Guest in full.

  • Your calendar will be blocked for the cancelled dates.

  • You may be subject to a penalty fee and a lower search ranking.

• Guest Cancellations: Guest cancellations are governed by our Guest Terms and the cancellation policy you select for your Listing (e.g., Flexible, Moderate, Strict).
• Akwaaba Stay Cancellations: We reserve the right to cancel a Booking, for example, in cases of fraudulent activity or safety concerns.

7. Insurance

• Akwaaba Stay does not act as an insurer. We do not provide any insurance coverage for your property or personal belongings.
• You are strongly advised to obtain appropriate insurance for your property that covers short-term rentals and public liability.

8. Intellectual Property

• Akwaaba Stay grants you a limited license to use the Platform for listing your property.
• You grant Akwaaba Stay a worldwide, royalty-free, sub-licensable license to use, display, and distribute any content (photos, descriptions) you post to your Listing.

9. Limitation of Liability

• To the fullest extent permitted by law, Akwaaba Stay shall not be liable for any indirect, incidental, special, or consequential damages, or for any loss of profits or revenue.
• Our total liability arising out of or in connection with these Host Terms shall be limited to the total Host Fees we have earned from you in the six (6) months prior to the event giving rise to the liability.
• Akwaaba Stay is a platform that connects Hosts and Guests. We are not a party to any rental agreement and assume no liability for the acts or omissions of Hosts or Guests.

10. Indemnification
You agree to indemnify and hold harmless Akwaaba Stay, its directors (including Sam McDonald and Emmanuel Brafo), employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

• Your breach of these Host Terms.
• Your use of the Platform.
• Your Listing or rental of your property (including, but not limited to, personal injury, property damage, or tax non-compliance).

11. Termination

• You may terminate these Host Terms at any time by removing all your Listings and closing your account.
• We may terminate or suspend your account and these Host Terms immediately, without notice, for any breach of these Terms or for any other reason at our sole discretion.

12. Governing Law and Dispute Resolution

• These Host Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana.
• Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiations. If unresolved, the dispute shall be referred to mediation in Accra under the Alternative Dispute Resolution Act, 2010 (Act 798). If mediation fails, the parties may resort to the courts of Ghana.

13. Modifications to Terms
We may modify these Host Terms at any time. We will provide notice of changes via the Platform or by email. Your continued use of the Platform after such notice constitutes your acceptance of the modified Terms.

14. Contact Information
For questions about these Host Terms or any host-related issues, please contact our Host Support Team:
Email: hostsupport@akwaabastay.com
Phone/WhatsApp: [Ghanaian Phone Number, e.g., +233 XX XXX XXXX]

ACKNOWLEDGEMENT

BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE HOST TERMS AND CONDITIONS AND ALL INCORPORATED POLICIES.