DISCLAIMER

No warranties

 This website is provided “as is” without any representations or warranties, express or implied. Waikiki Apartments make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Waikiki Apartments does not warrant that:

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

 

Limitations of liability

Waikiki Apartments will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]

  • For any indirect, special or consequential loss; or

  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

  • The landlord cannot be held liable under any circumstances for any damage, in whatever form, occurring during the stay;

  • The landlord is also not liable for theft, damage or loss during the rental period of the apartment;

  • The landlord is in no way liable for accidents • in and around the apartment;

  • Temporary equipment failure and temporary power or water supply failures;

  • Manifest errors made by the tenant of any kind;

  • Nuisance from construction activities outside the rented apartment / maintenance on the plot;

  • Parents / guardians are responsible for the safety of their children;

  • The tenant is responsible for all damage caused during a stay at and in the apartment, swimming pool, garden furniture, etc.


• We recommend that you take out cancellation and third-party insurance for booking and staying in our apartments

These limitations of liability apply even if Waikiki Apartments has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Waikiki Apartments'  liability in respect of any:

  • Death or personal injury caused by Waikiki Apartments negligence;

  • Fraud or fraudulent misrepresentation on the part of Waikiki Apartments; or

  • matter which it would be illegal or unlawful for Waikiki Apartments to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Waikiki Apartments has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Waikiki Apartments officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Waikiki Apartments officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Waikiki Apartments.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Credit: http://www.contractology.com/precedents/freenetlaw-license-website-disclaimer.html