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Terms & Conditions

Clarification for the traveller and Kwenu Estate Ltd.

We, Kwenu Estate Ltd.., P.O. Box 5153, 80401 Diani, Kenya, offer our services exclusively on the basis of these general terms and conditions. Please, read carefully through these terms and conditions since with your reservation and or registration, you and the persons for whom you book accept these general terms and conditions as binding.

General terms and conditions

1. Conclusion of the contract

1.1 By entering his data and sending the reservation by e-mail the traveler offers Kwenu Estate Ltd. via electronic media the binding reservation of the rental contract as well as by doing reservation by phone or in person at the spot.

1.2 The person who does the booking is legally responsible for the contractual obligations of all persons traveling with him as well as for his own.

1.3 The contract only becomes binding with the confirmation of the reservation by Kwenu Estate Ltd. or by paying the total rental price in advance. 

 

2. Terms of payment

2.1 A down payment amounting to 35 % of the rental price (deducted from the total rental price) is payable on conclusion of the contract within 7 days after reservation .

2.2 The remainder of the travel price is payable 4 weeks prior to the start of the rental at the latest. After payment of the entire rental price prior to the start of the journey, the traveler receives a voucher. The traveler hands over the voucher on his arrival.

2.3 For short-term registration - less than four weeks before the start of the rental - the entire price is immediately payable. 2.4 Kwenu Estate Ltd. accepts the following payment methods only: the down payment amounting to 35 % is suppose to be paid by bank transfer or cash, the remainder of 65 % can be paid by either bank transfer or in cash.

2.5 In case of a delayed or incomplete payment, Kwenu Estate Ltd. can cancel the concluded reservations with charging the traveler and claiming the corresponding cancellation costs respectively paragraph 5.3 as damages.

2.6 Payment to Kwenu Estate Ltd., especially international payments, are to be settled free of any charges and fees.

 

3. Services and prices

3.1 The services, which have been defined in the confirmation of reservation, consist of handing over the reserved property in the condition and with the equipment, with all comments and explanations described on the website or as seen.

3.2 Excluded from our obligations, notwithstanding eventual duties of explanation, advice and care related to this matter, are all facts not in direct relation with the property and the contractual services, in particular the surroundings of the property, as well as the beach and local conditions in the vacation spot.

3.3 Special requests, conditional reservations or supplementary agreements which have only been dealt with orally, are only valid if confirmed via mail or e-mail by Kwenu Estate Ltd.

3.4 Without a written confirmation from Kwenu Estate Ltd., third parties are not entitled to give differing promises or make an agreement as long as they are not authorized to do so. 3.5 The rental price and other costs ensue from the reservation confirmation. Should the travel period overlap several seasons, the rental price is calculated proportionally. 3.6 Should the traveler choose not to take advantage of any of the services mentioned in the reservation confirmation there is no claim to a proportional refund. 3.7 Any complaints regarding the service need to be addressed to Kwenu Estate Ltd during travelers stay.

  

4. Particular duties of the traveler, deposit

4.1 The given dates of arrival and departure are binding. In principle, the arrival takes place between 2:00 p.m. and 6:00 p.m. local time. Late arrivals have to be indicated to Kwenu Estate Ltd. in a written form. In case of late arrival, the traveler has no right to require the keys and the property on the day of arrival unless it has been agreed with Kwenu Estate Ltd. In general the departure takes place before 10:00 a.m. local time. The traveler can use the holiday property as well as its furniture and equipment. He is obliged to take care of the property as well as its inventory and existing shared-use facilities, and to be respectful to the neighbors. During the stay, the traveler must immediately report any damage caused by himself or his fellow travelers and guests and pay the compensation.

4.2 Holiday villas may only be occupied by the number of persons provided for in the travel registration. Children are regarded as persons. Other or additional persons can be refused on the spot or be separately charged.

4.3 Domestic animals are only allowed in those rental properties explicitly indicated. In all other cases, you need the prior written confirmation from Kwenu Estate Ltd. The traveler is responsible for compliance with the country's regulations regarding domestic animals. Disregard leads to refused usage of the property or to a demanded extra charge.

4.4 Kwenu Estate Ltd. may ask for a reasonable deposit when the keys are handed over. Unless otherwise informed, this deposit can be settled in cash. On the day of departure after the holiday property has been returned in good condition, the deposit will be refunded - after deduction of incurred additional costs and costs incurred by damage. The refund of the deposit does neither alter potential claims nor contain particular waiver of claims for damage.

4.5 Kwenu Estate Ltd. reserves the right to claim further damages.

 

5. Withdrawal of the tenant, rebooking, substitute for the tenant

 

5.1 At any time prior to the start of the rental the traveler can withdraw from the rental. The notice of withdrawal becomes effective the day Kwenu Estate Ltd. receives it. It is recommended to explain the reason of the withdrawal in written form.

5.2 In case the customer withdraws from the booking contract or he or a substitute does not start the rental, Kwenu Estate Ltd. can demand a compensation for the services regarding the booking and the costs generated. In general when calculating the compensation, expenses that have been saved and other possible utilizations of the services are to be taken into account.

5.3 Depending on the interval of time between the date of withdrawal and the start of the rental stipulated in the contract, Kwenu Estate Ltd. can consolidate this claim for compensation a flat charge, using a ratio proportional to the rental price as follows:

- until 61 days prior to the start of the rental 35% of the rental price, at least 40.00 Euro

- between 35 and 61 days prior to the start of the rental 50% of the rental price

- between 34 and 2 days prior to the start of the rental 85% of the rental price

- in case of later withdrawal or non-arrival and non-utilization of the services agreed by contract or the booking of any special offer paid in advance 100% of the rental price.

5.4 Kwenu Estate Ltd. might, in special case, charge a concrete higher termination fee deviating from the above mentioned flat charges. In these cases, Kwenu Estate Ltd. is obliged to proof the arisen expenses in detail.

5.5 If modifications of the booking concerning the travel period or the property have been made at the request of the traveler (rebooking), Kwenu Estate Ltd. can charge, in case of a possible rebooking, until 60 days prior to the start of the travel, a rebooking fee of 25.00 Euro. After this deadline rebooking wishes can no longer be considered due to organizational reasons. In these cases only a withdrawal of the existing booking and a concurrent new booking can be made, unless the rebooking wishes only cause insignificant expenses.

5.6 To avoid misunderstandings, the traveler should communicate withdrawals, rebooking modifications for evidence reasons in written form. The charges that result from these modifications are immediately payable.

5.7 In case of rebooking of mediated and explicitly indicated external services, especially flights and rental cars, Kwenu Estate Ltd. may charge the rebooking fees of the external service provider. In addition a service fee of 25.00 Euro is due to Kwenu Estate Ltd. This is not valid for rebooking wishes that only cause insignificant expenses.

5.8 In order to avoid the described fees for withdrawal, Kwenu Estate Ltd. urgently advises to take out a travel insurance.

 

6. Withdrawal and cancellation by Kwenu Estate Ltd.

Kwenu Estate Ltd. can withdraw from the travel contract prior to the journey or cancel the contract during the stay

6.1 without meeting a deadline, if by his behavior, the traveler and /or any of his fellow travelers, in spite of appropriate warnings, repeatedly disturbs the journey, puts others in danger, or behaves significantly in breach of contract, so that an immediate termination of the contract is justified.

6.2 without meeting a deadline, if the execution of the journey will be considerably complicated, endangered or affected by an act of God unforeseeable at contract conclusion.

If Kwenu Estate Ltd. cancels the travel contract according to paragraph 6.1, the travel price forfeits. If Kwenu Estate Ltd. withdraws from the travel contract before the beginning of the journey according to paragraph 6.2 all amounts received are refunded immediately, further claims are explicitly excluded; if Kwenu Estate Ltd. withdraws from the travel contract after the beginning of the journey according to paragraph 6.2, the traveler gets back the part of the travel price corresponding to the charges saved by Kwenu Estate Ltd.

 

7. Liability

7.1 Kwenu Estate Ltd. is not liable for any damages or losses of the traveler and /or any of his fellow travelers and their belongings (e.g. travel documents, jewelries, cash, clothes etc.) during their stay.

7.2 When taking part in sport and other holiday activities (e.g. usage of Swimming pools, on safaris or excursions etc.), the traveler is responsible for himself. The traveler should inspect sport facilities, equipment and vehicles prior to utilization. For accidents, which occur during sport events and other holiday activities, Kwenu Estate Ltd. is not liable. Kwenu Estate Ltd. recommends taking out a sports accident insurance. Swimming pools at the villas are not watched by rescue personal. Therefore traveler have to take care and are responsible for themselves. Please watch your children.

8. Further clauses/terms

8.1 If any of the above mentioned terms and conditions is unenforceable in any way, than the invalidity of any such conditions shall not effect the remaining terms and conditions, all of which remain in full force and effect. 8.2 For any litigation arising from the present travel contract solely the law of the Republic of Kenya applies. 8.3 The traveler may only take Kwenu Estate Ltd. to court at Kwenu Estate Ltd. principle place of business. The local first-instance court of Kwenu Estate Ltd. seat - Kwale - is relevant.


Contracting party:

Kwenu Estate Ltd.

P.O. Box 5153

80401 Diani

Kenya

 

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