These Terms of Service (“Terms”) are a binding legal agreement between you and Hekaya that
govern your right to use the websites, applications, and other offerings from Hekaya
(collectively, the “Hekaya platform”). When used in these Terms, “Hekaya,”
“we,” “us,” or “our” refers to the Hekaya Holidays set with how are
contracting.
Hekaya platform offers an online venue that enables users (“Members”) to publish, offer,
search for, and book services. Members who publish and offer services are Either ‘’freelance
host’’ or ‘’corporate host’’ and Members who search for, book, or use services
are “Guests.” Hosts offer activities, excursions, and events (“Experiences”), and
a variety of travel and other services (collectively, “Host Services,” and each Host
Service offering, a “Listing”). You must register an account to access and use many features of
the Hekaya Platform and must keep your account information accurate. As the provider of the
Hekaya Platform, Hekaya does not own, control, offer or manage any Listings or Host Services.
Hekaya is not a party to the contracts entered into directly between Hosts and Guests, nor is
Hekaya a real estate broker, travel agency, or insurer in this platform. Hekaya is not acting as
an agent in any capacity for any Member, except for other service offered outside this
platform.
We are maintaining other terms and policies that supplement these Terms like 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 the Hekaya payment entities.
If you are a Host, you are responsible for understanding and complying with all laws, rules,
regulations, and contracts with third parties that apply to your Host Services.
After each experience hosting Service, Guests and Hosts will have an opportunity to review each other. The review must be accurate and may not contain any
discriminatory, offensive, defamatory, or other languages that violate our content policy or
review policy. Reviews are not verified by Hekaya for accuracy and may be incorrect or
misleading.
Both guest and host may contact Hekaya if a feeling review is not accurate and miss led. Hekaya team may take an investigation if the case is solid. However,
action may take or not in each case.
Hekaya Platform enable both guest and host to provide feedback, text, photos, audio, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Hekaya a non-exclusive, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. If Content includes personal information, our privacy policy describes how we use that personal information. Where mentioned contents are placed in Hekaya platform, we may own that content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant us the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.
Also, you agree that Hekaya may make available services or automated tools to translate content and that your content may be translated using such services or tools. Hekaya does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Hekaya may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Hekaya Platform. More information about when service fees apply and how they are calculated can be found on our service fees page. Except as otherwise provided on the Hekaya Platform, service fees are non-refundable. Hekaya reserves the right to change the service fees at any time and will provide members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities in Oman before contacting us. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Hekaya. If you reported an issue to local authorities, we may request a copy of that report.
If you believe that Content on the hekaya Platform infringes copyrights, please notify us in accordance with our copyright policy.
Hekaya working to ensure high quality and safe experience delivered to the guest. Considering experiences basics requirements and standards and safety instructions, the host is agreeing that Hekaya team might have taken quality assurance and safety check to the experience between times. This might be conducted between times, as per feedback received from the guests or upon occurrences. Upon the check, Hekaya team has the right to provide feedback and receiving action. It is host responsibilities to ensure provided advice and instructions are followed in an acceptable level within agreed time frame. Hekaya has the right to suspend any experience that believe is not committed to the quality and safety standards or in which the provided instructions are not followed.
You can search for experiences by using criteria like the type, travel dates, and number of guests, You can also use advance filters to refine your search results (category, operator, and difficulties level). Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements and more. Learn more about search results in our Help Center.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like tourism tax, vat, Hekaya service fees etc. and any others,if specified (collectively, “Total Price”). When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. 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 that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host 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 Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.
In general, if as a Guest 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 forces you to cancel a Reservation, you may be eligible for a partial or full refund under our unexpected event policy. If the Host cancels, or you experience a Travel Issue (as defined in our guest refund policy), you may be eligible for rebooking assistance or a partial or full refund under the guest refund policy. Different policies apply to certain categories of Listings; for example Experiences Reservations are governed by the Experiences Guest Refund Policy.
Guests and Hosts are responsible for any booking modifications they agree to make via the Hekaya Platform or direct Hekaya customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
You are responsible and liable 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 Experience or other Host Service, and you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you
are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and
you are solely responsible for the supervision of that minor.
Also, you acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk
arising out of your access to and use of the Hekaya Platform and any Content and participation in any Experience, use of any other Host Service, or any other
interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it
is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those
risks by choosing to participate in those Host Services.
As a Host, Hekaya offers you the right to use the Hekaya Platform to share your Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
When you accept a booking request, or receive a booking confirmation through the Hekaya Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Hekaya’s service fee (and applicable taxes) for each booking. Hekaya Payments will deduct amounts you owe from your pay-out unless we and you agree to a different method. Any terms, policies, or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Your relationship with Hekaya is that of an independent individual or entity and not an employee, agent, joint ventures, or partner of Hekaya, except that Hekaya Payments acts as a payment collection agent as described in the Payments Terms. Hekaya does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
The Hekaya Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as outdoor activities, preparing food, guiding tours, or operating a vehicle). Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Hekaya Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Hekaya Platform in violation of our Off-Platform Policy.
Hekaya may allow Hosts to promote their Listings in search or elsewhere on the Hekaya Platform by paying an additional fee. Please contact us for more information about the factors that determine how your Listing appears in search results, our current promotional programs (if any).
If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business, or other organization, and that each entity you use is in good standing under the laws of the Sultanate of Oman. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Hekaya to transfer a portion of your pay-out to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any pay out information you provide.
In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our unexpected event policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Guest Refund Policy), (ii) or an Unexpected event arises, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Hekaya exceeds your pay-out, Hekaya (via Hekaya Payments) may recover that amount from you, including by offsetting the refund against your future pay-outs. You agree that Hekaya’s guest refund policy, unexpected event policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any pay-out for that Reservation until a refund decision is made. If you Host an Experience please note that the cancellation policy, guest refund policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your pay-out will be in each situation.
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Hekaya Platform, offering Host Services, or any interaction you have with other. You agree that you have had the opportunity to investigate the Hekaya Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Hekaya.
Hosts and Guests are responsible for any Booking Modifications they agree to make via the Hekaya Platform or direct Hekaya customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
As a host, 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").
In jurisdictions where Hekaya facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Hekaya to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Hekaya are identified to Members on their transaction records, as applicable. Hekaya may seek additional amounts from Members (including by deducting such amounts from future pay-outs) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Hekaya is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from pay-outs to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from pay-outs to you, we may withhold pay-outs up to the amount as required by law, until sufficient documentation is provided. You agree that Hekaya may issue on your behalf invoices or similar documentation for VAT, consumption, or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
After each Host Service, Guests and Hosts 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 policy or review policy. Reviews are not verified by Hekaya for accuracy and may be incorrect or misleading.
Parts of the Hekaya Platform enable you to provide feedback, text, photos, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Hekaya a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our privacy policy describes how we use that personal information. Where Hekaya pays for the creation of Content or facilitates its creation, hekaya may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Hekaya the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our content policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Hekaya may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Hekaya does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Hekaya may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Hekaya Platform. More information about when service fees apply and how they are calculated can be found on our service fees page. Except as otherwise provided on the Hekaya Platform, service fees are non-refundable. Hekaya reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time.
Term. The agreement between you and Hekaya reflected by these Terms is
effective when you access the Hekaya Platform (for example to create an account)
and remains in effect until either you or we terminate the agreement in
accordance with these Terms.
Termination. You may terminate this agreement at any time by sending us an
email or by deleting your account. Hekaya may terminate this agreement and your
account for any reason by giving you 30 days’ notice via email or using any
other contact information you have provided for your account. Hekaya may also
terminate this agreement immediately and without notice and stop providing
access to the Hekaya Platform if you breach these Terms, or Policies, you
violate applicable laws, or we reasonably believe termination is necessary to
protect Hekaya, its Members, or third parties. If your account has been inactive
for more than two years, we may terminate your account without prior notice.
Effect of Termination. If you are a Host and terminate your Hekaya
account, any confirmed booking(s) will be automatically cancelled, and your
Guests will receive a full refund. If you terminate your account as a Guest, any
confirmed booking(s) will be automatically cancelled, and any refund will depend
upon the terms of the Reservation’s 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 Hekaya Platform has been limited,
or your Hekaya account has been suspended, or this agreement has been terminated
by us, you may not register a new account or access or use the Hekaya Platform
through an account of another Member.
Hekaya may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Hekaya Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Hekaya Platform will constitute acceptance of the revised Terms.
You must register an account to access and use many features of the Hekaya 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 Hekaya Platform under the laws of the Sultanate of Oman, 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 are responsible and liable for activities conducted through your account and must immediately notify Hekaya if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide the Hekaya Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Hekaya Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Hekaya has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
In the event that the website’s terms of use or the conditions of services are violated in any way through which it results in any material or moral damages or operational damages and any other claims from other parties, the customer is responsible for compensating the website of Hekaya.
To the maximum extent permitted by applicable law, you agree to release, defend (at Hekaya’s option), indemnify, and hold Hekaya (including Hekaya Payments, 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: (ii) your improper use of the Hekaya Platform, (iii) your interaction with any Member, participation in an Experience or other Host Service, 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, 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.
Hekaya 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.
These terms and conditions are subject to the laws of the government of the
Sultanate of Oman, which may be represented in the laws of the General Authority
of Civil Aviation and the General Authority for Consumer Protection and the laws
of the Ministry of Commerce and Industry and the Ministry of Tourism and
Heritage and others; any dispute not settled amicably between the parties is
subject to the exclusive jurisdiction of the courts of the Sultanate.
If a Member provides valid evidence that you, your guest(s), damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Hekaya and/or seek compensation through the Reporting Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Hekaya and Hekaya determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Hekaya via Hekaya Payments can collect the amount of the Damage Claim from you. You agree that Hekaya may seek to recover from you under any insurance policies you maintain and that Hekaya 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 Hekaya requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
Interpreting these Terms. Except as they may be supplemented by additional
terms, conditions, policies, guidelines, standards, and in-product disclosures,
these Terms (including those items incorporated by reference) constitute the
entire agreement between Hekaya and you pertaining to your access to or use of
the Hekaya Platform and supersede any and all prior oral or written
understandings or agreements between Hekaya and you. These Terms do not and are
not intended to confer any rights or remedies upon anyone other than you and
Hekaya. Where the word “will” is used in these Terms it connotes an obligation
with the same meaning as “shall.”
Assignment. You may not assign, transfer or delegate this agreement or
your rights and obligations hereunder without hekaya's prior written consent.
Hekaya may without restriction assign, transfer or delegate this agreement and
any rights and obligations hereunder, at its sole discretion, with 30 days’
prior notice.
Notice. Unless specified otherwise, any notices or other communications to
Members permitted or required under this agreement, will be provided
electronically and given by Hekaya via email, Hekaya Platform notification,
messaging service (including SMS and WeChat), or any other contact method we
enable and you provide.
Third-Party Services. The Hekaya Platform may contain links to third-party
websites, applications, services or resources (“Third-Party Services”)
that are subject to different terms and privacy practices. Hekaya is not
responsible or liable for any aspect of such Third-Party Services and links to
such Third-Party Services are not an endorsement.
Google Terms. Some translations on the Hekaya Platform are powered by
Google. Google disclaims all warranties related to the translations, express or
implied, including any warranties of accuracy, reliability, and any implied
warranties for merchantability, fitness for a particular purpose and
non-infringement. Some areas of the hekaya 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.
Apple Terms. If you access or download our application from the Apple App
Store, you agree to Apple’s Licensed Application End User License Agreement.
Force Majeure. Hekaya 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, natural disasters, war, terrorism, riots, embargoes,
acts of civil or military authorities, fire, floods, accidents, pandemics,
epidemics or disease, strikes or shortages of transportation facilities, fuel,
energy, labor or materials.
Emails and SMS. You will receive administrative communications from us
using the email address or other contact information you provide for your Hekaya
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 an hekaya account.