Aruna Africa Global Terms of Service and Professional Conduct Agreement
Version: 2.0 (International)
Effective Date: August 25, 2026
This Agreement is a legally binding contract between Aruna Africa ("the Company") and the Client ("the Traveler," "the Booker," or "the Lead"). By engaging our services, paying a deposit, or accepting a lead referral, the Client agrees to the following terms, which are designed to comply with international consumer law and East African jurisdictional requirements.
1. Agency Disclosure and Reseller Status
Aruna Africa acts strictly as an Intermediary Booking Agent and Lead Generation Consultant.
Independent Contractors: All travel services, including but not limited to transport, guiding, and accommodation, are provided by independent third-party Service Providers.
No Vicarious Liability: Aruna Africa does not exercise "control and command" over the employees or operations of these third-party providers. Consequently, the Company is not liable for the acts, omissions, or breaches of contract by these independent entities.
Scope of Contract: The Client’s contract for physical service delivery is with the local operator. Aruna Africa’s contractual obligation is fulfilled upon the successful processing of the booking or the transfer of the lead.
2. Personal Services Exclusion (The "No-Hosting" Mandate)
To prevent any claim of "Misrepresentation" or "False Advertising" under international consumer protection acts:
Logistics Only: All packages sold or referred by Aruna Africa are for logistical travel services only.
Exclusion of Personnel: No Aruna Africa executive, employee, or representative is included as a "host," "companion," or "participant" in any tour.
Explicit Disclaimer: The Client acknowledges that they have not been induced to book based on any representation—implied or explicit—of personal access to Aruna Africa staff. Any subjective expectation of "social hosting" is outside the scope of this contract and shall not constitute grounds for a refund or legal claim.
3. International Professional Conduct & Anti-Harassment
Aruna Africa adheres to the UNWTO Global Code of Ethics for Tourism. We maintain a zero-tolerance policy for "Romance Tourism" and the exploitation of female-led businesses.
Definition of Harassment: Harassment includes, but is not limited to, unsolicited romantic advances, requests for personal companionship, sexual solicitation, or any behavior that creates an intimidating or professional-boundary-crossing environment for female operators.
Right to Terminate: Aruna Africa and its partners reserve the unilateral right to terminate services immediately, without notice or refund, if the Client violates these conduct standards.
Safety Protocol: In the event of termination for misconduct, the Client is responsible for all costs associated with their return travel and shall hold Aruna Africa harmless for any resulting "abandonment" claims.
4. Reputation Protection and Anti-Defamation Clause
This clause serves as the Company’s legal basis for counter-suing in the event of retaliatory reviews.
Non-Disparagement: The Client agrees that they will not post, publish, or distribute any false, misleading, or disparaging reviews, social media content, or public statements regarding Aruna Africa or its partners if such statements are a result of the Client’s own breach of the Professional Conduct Agreement, including being rejected for companionship.
Liquidated Damages: Any breach of this non-disparagement clause that results in documented brand damage to Aruna Africa will entitle the Company to seek injunctive relief and liquidated damages in a court of competent jurisdiction.
Truth as a Defense: The Client acknowledges that Aruna Africa’s enforcement of its "No-Hosting" and "Anti-Harassment" policies is a legitimate business interest and does not constitute "poor service."
5. Limitation of Liability and Indemnity
Liability Cap: To the maximum extent permitted by law, Aruna Africa’s total liability for any claim arising out of this Agreement is limited to the amount of the commission or service fee earned by the Company for that specific booking.
Indemnification: The Client shall indemnify and hold Aruna Africa harmless from any and all claims, losses, or legal fees arising from the Client’s misconduct, violation of local laws, or breach of this Agreement.
6. Governing Law and International Arbitration
Jurisdiction: This Agreement is governed by the laws of the Republic of Kenya.
Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to this contract shall be settled by final and binding arbitration in Nairobi, Kenya, in accordance with the Rules of the International Chamber of Commerce (ICC).
Class Action Waiver: The Client agrees to bring any claims against Aruna Africa in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
By confirming your booking, you certify that you are seeking a professional travel experience and agree to abide by these international standards of conduct and legal limitations.