Terms and Conditions of Use

Welcome to the FindMombabsaHotels.com Website (hereinafter referred to as “the Website”).

This Website is provided solely to a assist customers in gathering Mombasa hotel information, determining the rates, checking availability and making legitimate reservations or otherwise transacting business with FindMombabsaHotels.com or the said hotels and for no other purposes.

These terms and conditions, as may be amended from time to time, apply to all our serrvices directly or indirectly made available online, by phone or by email. By accessing, browsing and using the Website and/or by completing an inquiry for rates and availability, and subsequently a booking request, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement) and other applicable laws.

These pages, the content and infrastructure of these pages, and the online hotel availa ability and reservation service provided on these pages and through the Website are owned, operated and provided by FindMombabsaHotels..com and are provided for your personal, non-commmercial use only, subject to the terms and conditions s set out below.

By using the Website you are accepting all the terms and conditions set forth below. If you do not agree to each and all of these terms and conditions please do not use the site. We reserve the right, at our discretion, to change and or modify portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes.

SCOPE OF OUR SERVICE

Through the Website we provide an online platform through which hotels in Mombasa, Kenya can advertise their rooms for reservation, and through which visitors to the Website can check for availability and make such reservatiions. By making a reservation through FindMombabsaHotels.com, you enter into a direct (legally binding) contractual relationship with the hotel at which you book via FindMombabsaHotels.com as your booking agent. From the point at which you make your booking, we act solely as an intermediary between you and the hotel, transmitting the details of your booking request to the relevant hotel as your booking agent and sending you a confirmation email for and on behalf of the hotel.

When rendering our services, the information that we disclose is based on the information provided to us by the hotels. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. The Website does not constitute and should not be regarded as a recommendation or endorsement of the quality,
service level or rating of any hotel made available.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Website for any commercial or competitive activity or purpose.

As a condition of your use of the Website, you warrant that:

i. you are at least 18 years of age,
ii. you possess the legal authority to create a binding legal obligation,
iii. you will use the Website in accordance with this Agreement,
iv. you will only use the Websiite to make legitimate reservations for you or for another person for whom you are legally authorized to act,
v. you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto
vi. all information supplied by you on the Website is true, accurate, current and complete, and
vii. We retain the right at our sole discretion to deny access to anyone to the Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
viii. It is your responsibility to obtain comprehensive travel insurance, safeguard your person, belongings and other valuables and to take all necessary measures to ensure a successful experience.

CANCELLATION POLICY

By confirming a hotel booking, you accept and agree to the cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your booking or during your stay, including for services rendered and/or products offered by the hotel (the delivery terms and conditions of a hotel can be obtained with the relevant hotel). The general cancellation and no-show policy of each hotel can be provided on behalf of the hotel upon request or by contacting the hotel directly. Please note that certain rates or special offers made available by FindMombasaHotels.com may not be eligible for cancellation or change.

It is your responsibility to confirm the cancellation policy for the hotel prior to making your booking with FindMombasaHotels.com as your booking agent.

Please note that you may be charged for your cancellation in accordance with the hotel’s cancellation and no-show policy.

FindMombasaHotels.com or its agents, affiliates or sub-agents cannot be held responsible for any cancellations or no-shows.

Please note that any refunds due to you as directed by the hotel in the event of cancelation can be credited only to the original card used for making the initial payment.

PROHIBITED ACTIVITIES

The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to FindMombasaHotels.com.  You agree not to otherwise modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or  services obtained from or through the Website. Additionally, you agree not to:

i. Use the Website or its contents for any commercial purpose;
ii. access, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iii. Violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. deep-link to any portion of the Website for any purpose without our express written permission;
or
vi. “Frame”, “mirror” or otherwise incorporate any part of the Website into any other Website without our prior written authorization.
vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used in connection with the Website.

LIABILITY DISCLAIMER

The information, software, products, and services published on the Website may include inaccuracies or errors.

Findmombasahotels.com does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of any hotel displayed on the Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.).

Findmombasahotels.com makes no representations about the suitability of the information, software, products, and services contained on the Website for any purpose, and the inclusion or offering of any products or services on the Website does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided “as is” without warranty of any kind including, but not limited to, your reliance upon opinions appearing on the website; any computer viruses, information, software, linked sites, products, and services obtained through the Website; or otherwise arising out of the access to, display of or use of the Website whether based
on a theory of negligence, contract, tort, strict liability, or otherwise, and even if FindMombasaHotels.com has been advised of the possibility of such damages.

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall not be liable for direct or indirect damages suffered, paid or incurred by you. Furthermore, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliates, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the hotel as made available on the Website, the services rendered or the products offered by the hotel, any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Website, or for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the hotel (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

INDEMNIFICATION

You agree to defend and indemnify FindMombasaHotels.com and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

a) Your breach of this Agreement or the information referenced herein;
b) Your violation of any law or the rights of a third party; or
c) Your use of the Website.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada as well as the laws of the Republic of Kenya applicable therein.

Last Updated On: May 11, 2012