The www.kobesuiteresort.com website (hereinafter the Website) is owned by Watamu View Ltd with headquarters in Watamu, Turtle Bay Road, Watamu Kenya, VAT P051450254V, tel. +254 722 658951.
The term User refers to any physical and /or legal entities accessing the website or using its related services.
These General Conditions apply to all online visits and bookings carried out on the site.
3. Intellectual property rights.
All content on the Website such as but not limited to, data, information, communications, editorial content, photos, video, graphics, designs, logos, trademarks and in general any material or service present therein, is the property of Watamu View Ltd., unless otherwise indicated, and must be considered protected under copyright law and industrial property rights. Therefore, it is expressly forbidden to reproduce, copy and / or use the trademark, logo, website, content or anything else present on this website unless expressly authorized in writing. The images of the site are provided solely for the purpose of being viewed and can not be saved or downloaded in any form.
4. Reservation Policies.
Through the Site, the User can research room availability based on the dates chosen by the User with reference to the property belonging to the Company. The results returned by the system in real time will only show the structures that have uploaded availability for the type of room chosen by the User and, for each type will show the sales conditions, such as for example, the price (expressed in Swiss Francs) inclusion or not of taxes, services not included in the booking, services included in the booking, possible penalties, check-in and check-out times, methods of payment, etc. For each individual booking, the Website will clearly and precisely specify the terms and conditions of the reservation.
Once the User has found the solution that best satisfies the requirement, personal details must be entered in order to proceed with the reservation as well as credit card information in order to allow the full amount for the selected service to be charged in advance. Failure to provide the necessary credit card information will make it impossible to complete the reservation. The User is responsible for the authenticity and accuracy of the information provided to the site.
5. Amount and Method of payment.
The payment of the amount relating to the reservation, inclusive of VAT, is charged by Watamu View Ltd directly to the credit card entered by the User at the time of booking. By clicking on the “Booking Confirmation” button, the User authorizes the transaction with Watamu View Ltd according to the specified conditions.
The success of the reservation will be subject to the satisfactory outcome of the transaction via credit card (Precedent Condition) Until the transaction is completed successfully, the reservation will not be deemed completed.
After the completion of the Precedent Condition and the completion of the transaction Watamu View Ltd will send a confirmation email to the User containing all the details of the confirmed reservation, the terms of sale, the cancellation and / or modification penalties and all the information required for the subsequent management of the same.
The company declines any responsibility for abusive or fraudulent use of the credit card and any damages that may result from transactions processed via the credit card that are not within its direct control.
The Company declines any responsibility should a bug and / or technical error occur during the booking process. In this case, the reservation will not be deemed completed.
6. Booking Changes and cancellation.
Modification or cancellation of a reservation is done by sending an email to email@example.com. The conditions relating to cancellation and changes vary depending on the type of booking made. The User may modify or cancel a reservation only and exclusively if this provision is given at the time of booking in the conditions relating to the individual booking and specified in detail both at the time of purchase and in the email confirmation of the booking.
7. Exclusion of the right of withdrawal.
Under Article. 55, paragraph 1, lett. b) of the Legislative Decree no. 6 September 2005, n. 206 (the Consumer Code), the right of withdrawal provided for the protection of consumers in the case of contracts and contract proposals made from a distance or off-premises (64 and following) does not apply to contracts relating to accommodation, when at the conclusion of the contract, the professional undertakes to provide these services on a specific date or within a specific period. Therefore, the User, except as provided regarding cancellation in paragraph 1, has no right of withdrawal.
8. Force majeure.
Watamu View Ltd and the User shall not be liable towards each other for loss, damage or delay caused by strikes, labour disputes, lock-outs, accidents, fires, adaptation and regulations of the law, orders or government regulations, uprisings, state of war or similar acts, natural elements, force majeure embargos or any other cause beyond its reasonable control.
9. Exclusion of warranty and liability.
Watamu View Ltd does not guarantee the reliability, the availability or the continuity of the services made available to User. The company therefore declines all responsibility for damages of any nature, caused by the availability, reliability and continued service of its website although it will seek to facilitate the User, where possible, with the necessary technical help.
Watamu View Ltd does not undertake to monitor and does not control the absence of viruses or other elements in the contents that may cause changes to the software or hardware of the Users or the people who visit the sites. Therefore, is not liable for damages of any nature arising from the same.
10. Applicable law and exclusive jurisdiction.
This Site and these Terms are entirely subject to Italian law, which regulates the conclusion, execution and termination, and under which will be interpreted, also for the purpose of resolving disputes arising from them.
The User consents to the exclusive Italian Judicial Authority’s jurisdiction to resolve any dispute concerning, for example and without limitation, the validity, application, interpretation, execution of the provisions of the General Conditions acknowledging also, the competence both exclusive and binding of the Judicial court of Milan.
11. Language of the General Conditions.
The original text of the General Conditions has been drawn up in Italian. The original Italian text can be translated into other languages. The translated versions are unofficial and their purpose merely illustrative and, therefore, of no legal value. In the case of disputes or conflicts regarding the application or interpretation, exclusive reference will be made to the original version in the Italian language for all legal effects and purposes and in all locations.
12. Final provisions.
The possible invalidity of one or more clauses or parts thereof, does not involve the nullity of the General Conditions or of the remainder of the clause.The reservation is personal and can not be transferred freely without the explicit permission of Watamu View Ltd.
Any communication relating to these General Conditions and / or use of the Site must be made by sending an email to the following address: firstname.lastname@example.org
These General Conditions were drawn up on 18 August 2016. Watamu View Ltd reserves the right to change the General Conditions, informing users on the Site. Therefore, it invites the user to consult the Terms and Conditions before each access / or bookings