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Terms and conditions for rentals
In booking accommodation (“Premises”) with Vanishing Africa Limited (“us” or “we”), you (the “Customer” which term includes any person(s) travelling with the Customer and the Customer’s guests or visitors, if any) agree or are deemed to have agreed to the following terms and conditions:
- All reservations or bookings are accepted at our sole discretion and are non-exchangeable, non-refundable and non-transferable unless otherwise agreed with us or except as provided hereunder.
- Reservation requests may be made by sending an email to firstname.lastname@example.org (or email@example.com).
- Reservations or bookings are subject to availability and actual pricing at the time of booking.
- A deposit or the full amount must be paid as and when specified to confirm the booking.
- Any reservation or booking is not guaranteed until you receive the confirmation of the same from us.
- Any unpaid balance must be paid as and when specified by us. We reserve the right to refuse accommodation if any payment has not been made as specified by us. Any refund shall be at our discretion in the event that you need to cancel the booking or reservation or part thereof.
- The tariffs/rates for accommodation vary depending on the type of accommodation, length of stay, number of persons staying, the required dates and any additional products and services that may be required. Tariffs/rates may change without prior notice. Unless otherwise stated herein, charges for items of a personal nature including but not limited to additional persons, telephone calls, drinks, food etc. are not included in the tariff/rate provided.
- All tariffs/rates are in US$/EUROS/Kenya Shillings unless otherwise stated.
- Normal check-in time is 14:30 and normal check-out time is 12:00, unless otherwise agreed with us. We reserve the right to enter the accommodation after the agreed check-out time and move and store your belongings if necessary, at your cost. We reserve the right to recover from you such additional money as we deem appropriate in the event that you do not vacate the accommodation after the expiry of any agreed check-out time.
- You undertake that all details you provide for the purpose of booking or for ordering or purchasing products or services are correct.
- We will use reasonable endeavours to provide you with the accommodation and services specified in your booking. However, in certain circumstances, we may need to change the details of your booking or substitute other accommodation or service for your booking. In such cases, we will use reasonable endeavours to notify you of any changes and offer you alternative accommodation or service or a full refund if appropriate. We shall be under no liability for any direct or indirect loss that you may suffer as a result of such eventuality.
- If there are any changes to the details supplied by you, it is your responsibility to inform us of the same as soon as possible. While reasonable efforts will be made to accommodate any such requests, we cannot guarantee that such requests may be accepted by us.
- The person submitting a booking will be deemed to have accepted these terms and conditions on behalf of all persons named in the booking.
- We may require you to pay a security deposit on arrival. This amount shall be fully refunded upon departure, unless there are outstanding charges for other services or in case of any damage or loss caused to any property of ours. In this case that charge will be subtracted from any security deposit paid and the remainder refunded to you. You shall be liable for all losses or damage to any property of ours.
- We shall not be in breach of these terms and conditions and shall not be liable for a delay or failure to perform an obligation resulting from events or circumstances beyond our reasonable control including acts of God, war, flood, riots, terrorism, fire, explosion etc.
Exclusions and Liability
- The Premises may be of a traditional nature and historic. As such, there may be uneven or slippery floors, walls or ceilings, steep staircases, staircases without handrails, low ceilings or balconies and swimming pools may not be suitable for children. You agree to take all due care and attention whilst on the Premises as the accommodation is provided without warranties of any kind. The provisions of the Law Reform Act, the Fatal Accidents Act and the Occupiers’ Liability Act (Caps 26, 32 and 34 respectively of the Laws of Kenya) are hereby expressly excluded and waived and the Customer agrees to indemnify and keep us indemnified from any and all damages, liabilities and other remedies whatsoever whensoever and howsoever arising under such law or provisions that are not capable of exclusion or waiver.
- Notwithstanding and without prejudice to the foregoing paragraph 16, where we are not entitled to exclude a warranty, condition or term implied by law, and to the extent permitted by law, our liability for breach of any such warranty, condition or term is limited to any insurance cover that we may have obtained in respect of the Premises or your occupation thereof. We may increase the level of such cover if requested at your cost.
- To the maximum extent permitted by law, we, our agents, representatives and employees shall not be liable for any loss, theft or injury or any damages whatsoever whensoever and howsoever, whether direct, indirect, exemplary, punitive, special, incidental, and consequential or otherwise that may arise as a result of any booking, reservation or stay at the Premises.
- The Customer agrees to indemnify and keep us indemnified at all times against any and all costs, claims, actions, suits, proceedings, costs, expenses, damages and liabilities, whatsoever whensoever and howsoever arising out of, connected with or resulting from any booking made by the Customer or the stay at the Premises of the Customer, any guests of the Customer and any minors and adults travelling with the Customer.
Governing Law and arbitration
- These terms and conditions shall be governed by the laws of Kenya and you irrevocably submit to the exclusive jurisdiction of the Kenyan courts.
- Any dispute arising out of or in connection with this booking or any stay at the Premises shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 14 days of the notification of a dispute by one party to the other, upon the application of either party, by the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitration of the United Kingdom. Such arbitration shall be conducted in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995. To the extent permissible by law, the determination of the Arbitrator shall be final and binding upon the parties.
- If any provision of these terms and conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- These terms and conditions constitute the entire agreement between us and you in relation to the booking or Premises and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in connection with the subject matter hereof.
- You shall leave the Premises and any property thereon in the same state and condition as you found it upon first arriving.
- You shall produce valid identification documents or details to us upon request and agree that we may take copies thereof where necessary.