MyStayOrbit.com - Travel Guide Marketing Agreement
Between My Stay System and the Travel Guide
This Agreement covers marketing and booking support for the Guide’s services through MyStayOrbit.com. The Guide delivers the booked services and My Stay System earns the agreed commission.
1 Parties and term
MyStayOrbit.com: Registered legal name My Stay System, P.O. Box 104546-00101, Nairobi, Kenya. Notice email: info@mystayorbit.com
Travel Guide (“Guide”): Full legal name ____________________________, trading name [IF ANY], ID / registration number _____________________, address _________________________________, notice email _________________________________.
My Stay System issues this Agreement as the platform and marketing service provider, represented by Benard Mbethe, Manager. This Agreement takes effect immediately when the Guide signs and submits acceptance, including electronically through MyStayOrbit.com. No My Stay System signature or countersignature is required. It lasts twelve (12) months and renews annually unless terminated under clause 11. The completed Commercial Particulars form part of it.
2 Appointment and services
2.1 The Guide appoints My Stay System on a non-exclusive basis to publish approved profiles and listings, promote availability, receive and route enquiries, facilitate communications, support bookings and collect authentic reviews. The Guide may use other marketing channels.
2.2 My Stay System acts as an independent marketing and booking intermediary. The Guide is the contracting supplier to the Guest and controls booking acceptance, pricing and delivery. No employment, partnership or joint venture is created. Each Party remains responsible for its own conduct and legal obligations.
2.3 My Stay System controls its marketing channels and presentation but shall not change material prices, inclusions, itineraries or safety information without the Guide’s approval. No minimum enquiries, bookings or income are guaranteed.
3 Profile and marketing content
3.1 The Guide shall provide accurate identity, qualifications, applicable licenses, destinations, languages, specialties, availability, rates, itineraries, photographs and service terms, and promptly update changes.
3.2 The Guide grants My Stay System a non-exclusive, worldwide, royalty-free license during this Agreement to reproduce, format, translate and distribute approved content for these services, including through service providers. The Guide owns or holds permission to use it. My Stay System retains its own brands, platform and materials.
3.3 Neither Party shall use misleading claims, false reviews, hidden charges or guaranteed wildlife sightings. After termination, My Stay System may retain lawful records and archival reports; new public promotional use of Guide content requires consent.
4 Booking confirmation
A booking is confirmed only when the Guide accepts it, the Guest receives the material terms in writing and any stated payment condition is met. Before confirmation, disclose the itinerary, date, duration, meeting point, timings, language, group size, transport supplier, full price, inclusions, exclusions, payment terms, cancellation policy and material participation or safety restrictions. Silence is not acceptance.
5 Commission and attribution
5.1 The Guide shall pay My Stay System ten per cent (10%) of Booking Value for each attributable Confirmed Booking. No subscription or listing fee applies unless separately agreed in writing.
5.2 Booking Value means the Guide’s service charges, margins, markups and bundled charges, excluding refunded amounts, refundable deposits, voluntary tips and separately itemized third-party costs passed through at actual cost without markup, such as park entry or independently supplied transport.
5.3 A booking is attributable where reasonable records show My Stay System first introduced the Guest, generated or transmitted the enquiry, or materially facilitated that booking. My Stay System Channels include mystayorbit.com, its authorised websites, applications, advertisements, social media, partners, telephone, WhatsApp and email. Attribution includes later bookings demonstrably resulting from the introduction; unrelated bookings are not automatically included. Any repeat-booking period may be agreed in the Commercial Particulars.
5.4 Commission is earned as Guest payments are received, including deposits and lawful cancellation or no-show amounts actually retained. Genuine refunds reduce Commission proportionately. Excess Commission shall be credited or refunded within ten (10) Business Days if no further invoice is expected.
5.5 Each Party bears its own taxes. Commission excludes VAT where lawfully chargeable, supported by an appropriate invoice. Required tax withholding must be accompanied by the relevant certificate. Undisputed overdue Commission may attract simple interest of 1% monthly or the maximum lawful rate, whichever is lower.
6 Payments and records
6.1 Unless otherwise agreed, Guests pay the Guide directly. The Guide shall issue required receipts and pay earned Commission to My Stay System within five (5) Business Days of each relevant Guest payment. Business Days exclude weekends and Kenyan public holidays. Payment recipients and account changes must be verified before use.
6.2 A regulated payment partner may be used only after the Parties agree its identity, fees, settlement timing and payment, refund and hold terms. The partner may deduct earned Commission and agreed charges or refunds and hold disputed sums under those terms and applicable law. My Stay System does not provide a regulated escrow service under this Agreement.
6.3 Transaction fees and any refundable deposit, permitted deductions and release deadline are disclosed. No undisclosed charge may be passed to a Guest. Each Party shall keep financial and booking records for at least six years or any longer legal period, without retaining unnecessary data.
6.4 On ten Business Days’ notice, My Stay System may arrange a confidential, proportionate review of relevant records no more than twice yearly to verify attribution and Commission. My Stay System bears the review cost unless otherwise agreed; unrelated business and Guest information must be protected.
7 Cancellations changes and refunds
7.1 The cancellation, rescheduling, late-arrival and no-show policy accepted before confirmation applies. It cannot be made harsher afterwards. Refunds are due under that policy, applicable law or where services are materially misdescribed, unsafe, unavailable or not supplied because of Guide fault. Partial non-performance requires an appropriate refund.
7.2 The Guide shall honour confirmed terms. A material change or qualified replacement guide requires Guest agreement, except immediate safety action. For avoidable Guide failure, the Guide shall promptly notify the Guest and My Stay System, refund amounts due and bear reasonable, evidenced replacement or refund costs caused by that failure, without duplicate recovery.
7.3 Severe weather, park closures or safety restrictions may require changes or cancellation. The Guide shall explain promptly and seek Guest agreement to a suitable alternative or rescheduling. If none is accepted, refunds follow law and the agreed policy. Retained third-party costs must be disclosed beforehand, actually incurred, evidenced and genuinely unrecoverable after reasonable mitigation; they do not justify retaining payment for the Guide’s own unprovided services.
7.4 The Guide authorizes My Stay System to request undisputed refunds through an agreed payment partner under its terms. Any shortfall must be paid within three Business Days of written particulars. Chargebacks and refund losses fall on the responsible Party to the extent caused by its conduct or contractual responsibility. Disputed amounts require prompt cooperation and evidence.
8 Guide responsibilities and quality
8.1 The Guide shall perform professionally with reasonable care and skill; maintain accurate availability; respond within 24 hours, subject to reasonable allowance for connectivity during tours; provide clear meeting instructions and reachable operational and emergency contacts; and remain responsible for subcontracted services.
8.2 The Guide shall maintain all applicable licenses, permits, qualifications, work permissions and insurance for the services and destinations offered, including applicable Tourism Regulatory Authority requirements, and provide current evidence on request. Transport or specialist activities may be supplied only within lawful authority.
8.3 The Guide shall assess activity risks, brief Guests, use suitable equipment and first-aid capability, maintain emergency and evacuation arrangements, disclose relevant fitness, age and accessibility restrictions, and follow wildlife, park, conservation and community rules. Where transport is included, the Guide shall check the supplier, driver, capacity, required licenses, insurance and roadworthiness.
8.4 The Guide shall safeguard children and vulnerable participants, treat Guests fairly, avoid harassment and undisclosed demands, and promptly report serious incidents, license problems, fraud or material complaints. Guest details must not be misused or bookings redirected to avoid Commission.
8.5 My Stay System may verify identity, authority, qualifications and service evidence and investigate complaints. Verification does not guarantee safety or performance or transfer Guide obligations. Verification claims require current written approval. My Stay System may pause or remove inaccurate, unlawful, unsafe or materially deficient listings, including after reviewing credible Guest scores below 80% or equivalent, and shall provide a reasonable opportunity to respond where immediate action is unnecessary.
9 Data protection and confidentiality
Each Party shall comply with the Kenya Data Protection Act, 2019 and applicable regulations; use Guest information only for lawful booking, service, safety or compliance purposes or other validly authorised uses; protect access; limit retention; assist with data rights; and promptly report shared-data breaches, meeting statutory notification deadlines. Health and children’s data require applicable extra safeguards. Each is an independent controller for its own processing; any required processing addendum or transfer safeguards must be agreed. Non-public business and Guest information remains confidential after termination, except lawful or necessary confidential disclosures.
10 Liability and claims
Each Party warrants authority and lawful, careful performance. The Guide indemnifies My Stay System against third-party claims caused by Guide breach, negligence, misconduct, inaccurate content, missing authority or infringement, excluding My Stay System’s contribution. My Stay System indemnifies the Guide for infringement by its own materials and claims from its gross negligence, fraud or willful misconduct, excluding the Guide’s contribution. Claims require prompt notice, reasonable defense cooperation and consent to settlements imposing admissions or non-monetary obligations.
Neither Party is liable for indirect or consequential losses. Subject to the exceptions below, aggregate liability in each twelve-month period from the Effective Date or anniversary is capped at Commission paid or payable for that period, unless a higher cap is agreed. Limits do not apply to fraud, willful misconduct, negligent death or injury, confidentiality or data breaches, infringement, indemnities, unpaid Commission, refunds or settlements, or non-excludable liability. Statutory Guest rights remain unaffected. Each Party must notify and mitigate events beyond its reasonable control; accrued payments, lawful refunds and safety obligations remain due.
11 Termination and disputes
11.1 Either Party may terminate on 30 days’ written notice, or for a material breach not remedied within 14 days of written notice. Immediate termination or protective suspension is permitted for fraud, unlawful conduct, an irremediable breach, insolvency where lawful, or serious safety, regulatory or data risks. My Stay System may suspend for overdue undisputed sums and shall give reasons and review continuing suspension.
11.2 Existing bookings continue unless the Guest agrees otherwise or safety or law requires cancellation. Accrued obligations and Commission on attributable pre-termination bookings or later bookings demonstrably resulting from pre-termination enquiries survive. New marketing ends on termination.
11.3 Disputes go first to the Parties’ representatives for 30 days, then mediation in Nairobi. If no mediator is agreed within 30 days, or no resolution is reached within 30 days of appointment, either Party may go to court. Urgent relief and debt collection are excepted. Kenyan law and courts apply, subject to mandatory statutory jurisdiction.
11.4 Formal notices use the stated emails, hand delivery or courier. Email is received within next 3 Business Day unless delivery fails; operational messages may use WhatsApp. Changes require written acceptance by authorised representatives. Neither Party may assign without consent, except My Stay System may transfer with its business or to an affiliate assuming its obligations on notice. Invalid terms are severable; delay is not waiver. This Agreement replaces prior discussions on these services. My Stay System issues these terms for acceptance by the Guide. The Guide may sign electronically through MyStayOrbit.com. The Agreement is confirmed and takes effect immediately when the Guide signs and submits acceptance; no signature or countersignature by My Stay System is required. Account verification and listing approval are separate requirements.
Commercial Particulars
Item
Agreed details
Representatives and support contacts
My Stay System: Benard Mbethe, Manager; info@mystayorbit.com
Guide and emergency contact: ____________________________
Guide profile and credentials
Destinations, languages, services and applicable license details: [ATTACH / INSERT]______________________________________
Cancellation policy and deposits
[ATTACH ACCEPTED POLICY; STATE DEPOSIT OR NONE]
Verified payment accounts and fees
Guide receiving account: _________________________________
My Stay System commission account: _______________________
Fees and who pays: ______________________________________
Optional payment partner and special terms
[NONE / ATTACH PARTNER, FEES, SETTLEMENT AND HOLD TERMS]
Repeat-booking period or higher liability cap, if agreed: [INSERT / NONE]
Guide acceptance
Complete all blanks and agreed attachments before signing. The Guide signatory confirms authority to bind the Guide and accepts this Agreement and the completed Commercial Particulars. Submission of the Guide signature confirms the Agreement immediately; My Stay System does not need to sign.
My Stay System representative: Benard Mbethe, Manager. Notice email: info@mystayorbit.com. No My Stay System signature is required.
For the Guide: Name / capacity: ___________________________________________
Signature: __________________________ Date: _____________________________
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