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TERMS AND CONDITIONS

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online accommodations reservation service provided on these pages and through the website (the "service") are owned, operated and provided by mkahawa.com and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

1. Scope of our Service

Through the website, we (mkahawa.com and its affiliate (distribution) partners) provide an online platform through which all types of temporary accommodations (for example hotels, motels, hostels and bed & breakfasts, collectively the "accommodation(s)"), can advertise their rooms for reservation, and through which visitors to the website can make such reservations. By making a reservation through Booking.com, you enter into a direct (legally binding) contractual relationship with the accommodation provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the provider, transmitting the details of your reservation to the relevant accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider.

When rendering our services, the information that we disclose is based on the information provided to us by accommodation providers. As such, the accommodation providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. 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 our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations 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 our website for any commercial or competitive activity or purpose.

2. Prices and Best Price Guarantee

The prices on our site are highly competitive. All prices on the mkahawa.com website are per room for your entire stay and are displayed including VAT tax and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email.

Sometimes cheaper rates are available on our website for a specific stay at a property, however, these rates made by accommodations providers may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.

In the event of a crossed-out rate, we look at the prices currently being charged by the property in the 30-day window around your proposed check-in date. From the prices within this window, we display the third-highest price on offer as the crossed-out rate. To ensure we are making a fair comparison, we always use the same reservation conditions (meal plan, cancellation policy and room type). This means that you get the same room for a lower price compared to other check-in dates at the same time of year.

We want you to pay the lowest price possible for your stay. Should you find your accommodation, with the same reservation conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the terms and conditions of the mkahawa.com

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such.

3. Privacy and Cookies

mkahawa.com respects your privacy. Please take a look at our privacy and cookies policy for further information.

4. Free of Charge

Our service is free of charge because, unlike many other parties, we will not charge you for our service or add any additional (reservation) fees to the room rate.

5. Credit Card

If applicable and available, certain accommodation providers offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the accommodation) to the accommodation provider during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor.

For certain rates or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation.

In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges you the deductible because of unauthorized transactions resulting from a reservation made on our website, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (customer.relations@booking.com). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using mkahawa.com secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.

6. Cancellation

By making a reservation with an accommodation provider, you accept and agree to the relevant cancellation and no-show policy of that accommodation provider, and to any additional (delivery) terms and conditions of the accommodation provider that may apply to your reservation or during your stay, including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each accommodation provider is made available on our website on the accommodation information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the accommodation and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the accommodation agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

7. Further Correspondence

By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.

 

8. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) 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, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website, (iii) the services rendered or the products offered by the accommodation provider, (iv) 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 our website, or (v) 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 accommodation (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Whether the property you stay at charges you (or has charged you) for your room, or we are facilitating the payment of the room price, you agree and acknowledge that the property is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities. mkahawa.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.

9. Intellectual property rights

Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by mkahawa.com its suppliers or providers.

mkahawa.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to mkahawa.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

10. Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Kenyan law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Nairobi, KENYA..

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

Privacy and Cookies

Your privacy is important to us. We value the trust you have placed in us, and are committed to protecting and safeguarding any personal information you give us. This document, which we update from time to time, describes how we use and process your personal information and how we use cookies. It also tells you how you can contact us if you have questions about your personal information.

mkahawa.com offers online travel services through its own websites and social media.

Privacy

What kind of personal information does mkahawa.com use?

When you make a reservation, you will be asked for your name, address, telephone number, email address, payment information, the names of guests travelling with you and your preferences for your stay.

To make it easier to manage your reservations, you can open a user account. This allows you to save your personal settings, review previous bookings and manage future reservations.

Why does mkahawa.com collect, use and share your personal details?

  • Reservations: First and foremost, we use your personal information to complete and administer your online reservation and forward your reservation details to the accommodation you have booked.
  • Customer service: We provide international customer service 24/7 from our local offices. Sharing your details with our customer service staff allows us to respond when you need us – including helping you find appropriate accommodation and responding to queries related to your reservation.
  • Guest reviews: We may use your contact information to invite you to write a guest review after your stay. This can help other travelers to choose the accommodation that suits them best.
  • Account administration: We offer a user account facility on our website. We use the information you give us to administer this, allowing you to manage your bookings, take advantage of special offers, make future reservations more easily and manage your personal settings. Managing personal settings allows you to keep and share lists, see accommodation that you have searched for before, and see other information you have provided about accommodation and destinations. It also allows you to see any reviews you have submitted about places you have stayed in. If you want, you can share certain information in your user account by creating a public profile that’s associated with either your own first name or a screen name of your choice.

 Marketing· activities: We also use your information for marketing activities, as permitted by law. For example:

  • When you make a reservation with us or set up a user account, we may use your contact information to send you news of similar travel-related products and services. We also send our customers regular newsletters by email. You can opt out, or unsubscribe, from marketing communications at any time.
  • Based on the information you share with us, individualized offers may be shown to you on the mkahawa.com website, in mobile apps or on third-party websites, including social media sites.
  • When we believe that a particular offer may be of interest to you, we may decide to make contact with you by phone.

 · Other communications: There may be other times when we get in touch by email, by post, by phone or by texting you, depending on the contact information you share with us. There could be a number of reasons for this:

  • We may need to respond to and handle requests you have made.
  • If you have not finalized a reservation online, we may email you a reminder to continue with your reservation. We believe that this additional service is useful to you because it allows you to carry on with a reservation without having to search for the accommodation again or fill in all the reservation details from scratch.
  • When you use our services, we may send you a questionnaire or invite you to provide a review about your experience with mkahawa.com
  • We may also send you other material related to your reservation, such as how to contact mkahawa.com if you need assistance while you are away, or a summary of previous reservations you made through mkahawa.com.

 Market· research: We sometimes ask our customers to take part in market research. Any additional personal details that you give us as part of the market research will be used only with your consent.

 Fraud· detection and prevention: We may use personal information for the detection and prevention of fraud and other illegal or unwanted activities.

 Improving· our services: Finally, we use personal information for analytical purposes, to improve our services, to enhance the user experience, and to improve the functionality and quality of our online travel services.

How does mkahawa.com use social media?

We use social media to promote our accommodation partners’ properties and to promote, improve and facilitate our own services. For example, we have integrated social media plugins into the mkahawa.com website. So when you click on one of the buttons and register with your social media account, information is shared with your social media provider, and possibly presented on your social media profile to be shared with others in your network.

In addition to implementing these buttons, mkahawa.com uses social media by maintaining accounts on several social media sites. These social media services may allow you to share information with mkahawa.com. When you register with a social media app, you will be told which information will be shared with mkahawa.com. The information you choose to share with us may include the basic information that’s available in your social media profile, email address, status updates and your list of friends. This information is necessary to create a unique user experience either in our website. It facilitates such things as personalizing our website to suit your needs, connecting you with your friends on travel destinations and analyzing and enhancing our travel-related services.

We may also enable you to sign in to mkahawa.com services with your social media accounts. Your social media provider will be able to tell you more about how they use and process your data in such cases.

How does mkahawa.com share your data with third parties?

In certain circumstances, we may share your personal data with third parties.

  • The accommodation you booked: In order to complete your reservation, we need to transfer relevant reservation details to the accommodation you have booked. This may include information such as your name, your contact details, your payment details, the names of guests travelling with you and any preferences you specified when making a booking.
  • Third-party service providers: We may use third-party service providers to process your personal information on our behalf for the purposes specified above. For example, we may use service providers to send the reservation information on our behalf to the accommodation you just booked, or we may instruct third parties to contact you. When a reservation requires it, we may also work with third-party payment service providers to facilitate payment or payment guarantees. And we work with third-party advertisement networks to market our accommodation and services on other platforms, or involve third-party providers for analytical purposes. These third parties involved in any of these services will be bound by confidentiality agreements and will not be allowed to use your personal information for any purposes other than those specified above.
  • Our business partners: We work with partner websites around the world to distribute the accommodation listed on our website and mobile apps. When you make a reservation on one of these business partners’ websites, certain personal information that you give them may be shared with us. Similarly, we may share information with this business partner, for example, as part of the administration of your account, in order to manage your reservation, so that they can address queries related to your reservation and for marketing purposes. In this context, your information is governed by the privacy policies of these business partners.
  • Competent authorities: We may share your personal information with government or investigative authorities if we are required by law (or any regulation having the force of law) to do so. Such requirements include court orders, subpoenas and orders arising from legal processes and criminal investigations. We may also disclose your personal data if it is strictly necessary for the prevention, detection or prosecution of criminal acts.

How does mkahawa.com use guest reviews and other destination-related information you share with us?

  • After your stay at any accommodation booked through us, you will be invited to submit a guest review, which may ask for information about the accommodation, the surrounding areas, and the destination. If you don’t want to use your name with the review, you can create a screen name. By completing a guest review, you are agreeing that it can be displayed (as further described in our Terms and Conditions) on, for example, the relevant accommodation information page on our websites, in our social media accounts and in social apps, or on the website of the relevant accommodation or on our business partner’s website, to inform other travelers about the quality and services at the accommodation you stayed in.
  • If you indicate that a guest review was helpful – or not helpful – we will aggregate this with feedback from other customers in order to sort and prioritize guest reviews. We may use the information in your lists or in other destination-related information you share with us in anonymous form to help other travelers find the right destination.

How does mkahawa.com use cookies?

Our website uses the following types of cookies:

  • Technical cookies: We try to give our visitors an advanced and user-friendly website that adapts automatically to their needs and wishes. To achieve this, we use technical cookies to show you our website, to make it function correctly, to create your user account, to sign you in and to manage your bookings. These technical cookies are absolutely necessary for our website to function properly.
  • Functional cookies: We also use functional cookies to remember your preferences and to help you to use our website efficiently and effectively, for example by remembering your preferred currency and language, your searches and the accommodation you viewed earlier. These functional cookies are not strictly necessary for the functioning of our website, but they add functionality for you and enhance your experience.
  • Analytics cookies: We use these cookies to gain insight into how our visitors use the website, to find out what works and what doesn't, to optimize and improve our website and to ensure we continue to be interesting and relevant. The data we gather includes which web pages you have viewed, which referring/exit pages you have entered and left from, which platform type you have used, date and time stamp information and details such as the number of clicks you make on a given page, your mouse movements and scrolling activity, the search words you use and the text you type while using our website. We also make use of analytics cookies as part of our online advertising campaigns to learn how users interact with our website after they have been shown an online advertisement, which may include advertisements on third-party websites. We will not know who you are, and only obtain anonymous data.
  • Commercial cookies: We use these to show you mkahawa.com.com advertisements on other websites. This is called “retargeting” and it aims to be based on your browsing activities on our website, such as the destinations you have been searching for, the accommodation you have viewed and the prices you have been shown.

How long do mkahawa.com cookies stay active?

  • The cookies we use have varying lifespans. The maximum lifespan we set on some of them is five years from your last visit to our website. You can erase all cookies from your browser any time you want to.

 

How can you recognize mkahawa.com cookies?

  • You can find our cookies in your browser settings.

 

Does mkahawa.com use third-party cookies?

  • Yes, mkahawa.com uses the services of trusted and recognized online advertising and marketing companies. mkahawa.com may also use third-party providers for analytical purposes. To enable their services, these companies need to place cookies.
  • The providers we use are committed to building consumer awareness and establishing responsible business and data management practices and standards.
  • In order to control the collection of data for analytical purposes by Google Analytics, you may want to visit the following link: Google Analytics Opt-out Browser Add-on.

Who has access to mkahawa.com cookie data?

  • Only mkahawa.com has access to mkahawa.com cookies. Cookies placed by third parties can be accessed by these third parties.

 

How can you manage your cookie preferences?

  • Using your browser settings in, for example, Internet Explorer, Safari, Firefox or Chrome, you can set which cookies to accept and which to reject. Where you find these settings depends on which browser you use. Use the "Help" function in your browser to locate the settings you need.
  • If you choose not to accept certain cookies, you may not be able to use some functions on our website. And opting out of an online advertising network does not mean that you will no longer receive or be subject to online advertising or marketing analysis. It means that the network from which you opted out will no longer deliver ads tailored to your web preferences and browsing patterns

Security

What security procedures does mkahawa.com put in place to safeguard your personal information?

In accordance with Kenyan data protection laws, we observe reasonable procedures to prevent unauthorized access and the misuse of personal information.

We use appropriate business systems and procedures to protect and safeguard the personal information you give us. We also use security procedures and technical and physical restrictions for accessing and using the personal information on our servers. Only authorized personnel are permitted to access personal information in the course of their work.

Your credit card details – when they are needed as part of the reservation process – are stored by us for a maximum of 10 days. After that, your credit card data will be either permanently deleted from our systems or will remain hashed in our system for fraud detection purposes. This is unless you have chosen to store your credit card details in your personal account.

Children

The services offered by mkahawa.com are not directed at children under the age of 18. The use of any of our services is only allowed with the valid consent of a parent or a guardian. When we receive information from a child under the age of 18, we reserve the right to delete it.

Contact

How can you control the personal information you have given to mkahawa.com?

You always have the right to review the personal information we keep about you. You can request an overview of your personal data by emailing us at support@mkahawa.com. Please write 'Request personal information' in the subject line of your email and include a copy of your identity card to help us prevent unauthorized individuals from accessing your personal data.

If the personal information we have for you is incorrect, we will update it at your request. You can also ask us to remove your personal data from our customer database by sending an email to support@mkahawa.com with 'Request for removal of personal information' in the subject line. However, we may need to retain certain information, for example for legal or administrative purposes, such as record keeping or to detect fraudulent activities. You can delete your user account at any time by signing into your account on the mkahawa.com website and choosing to remove your account.

Who is responsible for the processing of personal information on the mkahawa.com website and apps?

mkahawa.com controls the processing of personal information on its websites. Down mkahawa.com is a private limited liability company, incorporated under the laws of Kenya and has its offices at Nairobi Kenya. If you have any suggestions or comments about this privacy notice, please send an email to support@mkahawa.com.