TERMS & CONDITIONS
1. SCOPE
These Terms and Conditions (“T&C”) apply to all agreements for the rental of apartments for accommodation (“service”), which are concluded between Lush Living Estates Limited, 5 Muyenga Tankhill Road, Muyenga, Kampala, Uganda (“Lush Living”) and third parties (“you” or “guest”), as well as for all other services provided by Lush Living (“accommodation agreement”).
2. CONCLUSION OF AN AGREEMENT
a) By making a reservation, the guest offers to conclude an accommodation agreement. If the booked apartment is available, Lush Living will send the guest a reservation confirmation. By accepting the reservation made by the guest, an accommodation agreement is concluded between Lush Living and the guest.
2. Offers from Lush Living in relation to available apartments are subject to change and are not binding. Lush Living can, at its own discretion, refuse to conclude an accommodation agreement.
3. There is no entitlement to use the overnight accommodation service in a particular apartment. Lush Living reserves the right to define restrictions customary in the sector, such as minimum stays, booking guarantees or down payments for certain dates.
3. CANCELLATION DEADLINES, NON-UTILIZATION OF SERVICES (NO SHOW)
a) A guaranteed reservation exists when the payment of the guest has been received. A guaranteed reservation can be cancelled by the guest in accordance with the cancellation conditions in paragraph 2 below, stating the reservation number.
b) Confirmed reservations and guaranteed reservations are non-refundable. However, Lush Living grants the guest a cancellation period of 14 days before the day of arrival of the guest’s booking. If the guest cancels before this deadline, payments made to Lush Living will be refunded. Once the cancellation periods have expired, cancellation is excluded, and Lush Living retains the right to the agreed remuneration. The same applies if the guest does not appear (no-show).
c) In the case of guaranteed reservations of several days, in the event of no-show, all subsequent nights including the second night will be cancelled, and the guest has no claim to the subsequent nights.
d) Lush Living reserves the right to cancel simple reservations, i.e. reservations for which no payment has been received from the guest, at any time, if the guest has not fulfilled his payment obligation in due time, even after being requested to do so by Lush Living. The same applies to bookings that can be cancelled free of charge, whose cancellation period has expired, provided that at this time no payment has been made by the guest. In this case, Lush Living is entitled to rent the reserved apartment to another party. Otherwise, Lush Living is entitled to charge the guest the booking price.
e) In case the parties have agreed that payment upon arrival at the apartment, payment must be made by the guest immediately when they arrive. If payment is not made at the latest upon arrival at the apartment by the guest, Lush Living is entitled to deny access to the apartment.
f) For reservations received after 13.00 on the day of arrival, the guest has one hour to make the payment according to Section 6.
g) For bookings not made directly through the Lush Living website, the cancellation terms of the respective third-party provider apply. All changes and cancellations of bookings must be made via the original booking page.
4. ACCOMMODATION RATES & OTHER CHARGES
a) The prices shown by Lush Living at the time of the conclusion of the agreement apply. The applicable rates are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local taxes that are owed by the guest himself according to the respective local law, such as visitor’s tax.
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b) In the event of changes in tax, fee and duty rates, as well as the effective levying of new taxes, fees and duties unknown to the parties, Lush Living reserves the right to adjust prices accordingly. For agreements with consumers, this only applies if the period between the conclusion of the agreement (booking confirmation) and the adjustment of the agreement exceeds four months.
5. LONGER STAYS AND REDUCED RATES
a) For stays with a duration of more than 7 days, reduced rates may apply. These rates will show if the duration chosen in the booking section of the website exceeds the minimum days to qualify for the reduced rate for the apartment category you selected.
b) Bookings for the duration of a month or longer cannot be made via the booking section of the website. Please get in touch directly via the contact information provided on the website.
6. TERMS OF PAYMENT & BILLING
a) The price of the entire booked accommodation service must always be paid in advance by the guest.
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b) A set-off by the guest is excluded, unless the set-off concerns an undisputed or legally established claim.
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c) Valid means of payment are the online payment solutions displayed in the booking section of the Website. Direct payments to Lush Living (e.g. in cash or via Mobile Money) can be agreed if this option is shown in the booking section during checkout.
d) For fees incurred subsequently due to additional services used or violations of the general terms and conditions, Lush Living reserves the right to debit the deposited means of payment with the outstanding amounts.
e) The guest agrees that an invoice will always be provided as a download or via email in the regular case.
7. CHECK-IN/CHECK-OUT
a) A reserved apartment is available to guests from 03:00 pm on the day of arrival and until 11:00 am on the day of departure.
b) Unless otherwise agreed, the keys and, if applicable, code cards provided must be handed over to Lush Living or a third party named by Lush Living on the agreed departure date, or, if agreed, left in the apartment. If a handed-out key or a handed out key card is lost or not handed in at departure, a fee of USD 40,00 will be charged. Lush Living remains entitled to demand compensation from the guest for any damages incurred by him/her as a result, insofar as these exceed the amount of USD 40.00. This includes the costs for the replacement of the affected locking system if this is necessary for security reasons.
8. NO RESALE OR SUBLET
a) The resale/rental and/or the further procurement of booked apartments is prohibited. In particular, it is not permitted to sublet apartments and/or apartment contingents to third parties at higher prices than the actual apartment prices. The assignment or sale of the claim against Lush Living is also not permitted. In these cases, Lush Living is entitled to cancel the booking, especially if the guest has provided false information about the type of booking or payment to the third party at the time of the booking.
b) Any use of the apartment for other than the purpose of accommodation, especially any commercial use by the guest such as prostitution or other illegal services, is explicitly prohibited.
9. LIABILITY OF LUSH LIVING
a) Lush Living's liability is limited to the fullest extent permitted by applicable Ugandan law. In no event shall Lush Living be liable for indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, data, or other intangible losses.
b) Lush Living shall not be held liable for disruptions or interruptions caused by third-party providers (e.g., payment processors, utility suppliers).
c) In any event, Lush Living’s aggregate liability shall not exceed the total amount paid by the guest for the stay in question.
d) Should disruptions or defects in the services of Lush Living occur, Lush Living will endeavour to remedy the situation as soon as it becomes aware of this or upon immediate notification of the guest. The guest is obliged to make their reasonable contribution to remedy the disturbance and to keep possible damage to a minimum. In addition, the guest is obliged to inform Lush Living in good time of the possibility of an unusually high damage.
e) Lush Living shall not be liable for things brought into the apartment by the guest. Any statutory claim for losses expires if the guest does not notify Lush Living immediately after becoming aware of the loss, destruction or damage of the item brought in.
f) All claims against Lush Living expire in principle within one year from the legal beginning of the limitation period.
g) Lush Living accepts no liability for lost property. Excluded from this is the liability due to intentional or grossly negligent breaches of duty by Lush Living.
h) Lush Living shall not be liable for any failure or delay in performance due to events beyond its reasonable control (force majeure), including but not limited to natural disasters, government actions, internet outages, strikes, or pandemics.
10. SECURITY DEPOSIT
a) In order to secure all claims of Lush Living against the guest from the accommodation agreement, the guest shall make the following payments as a security deposit to cover for any damages or unpaid rent before the apartment is handed overa)in case of an agreed duration of the stay of one month or longer, a security of 50 % of the applicable monthly rate,
b) in case of an agreed duration of the stay of two months or longer, a security of 100 % of the applicable monthly rate.2.If the security is not provided by the time the apartment is handed over, the guest has no right to the handover of the apartment. If Lush Living has nevertheless given the apartment to the guest, Lush Living is entitled to cancel the accommodation agreement without notice, if the deposit is not paid within a reasonable period of grace to be set by Lush Living.3.Lush Living is obliged to reimburse the deposit (minus any deductions for damages or repairs or unpaid amounts) within one month after the end of the accommodation agreement.
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11. GUEST INFORMATION
a) In order to ensure communication with the guest, Lush Living requires the email address and telephone number. In order to verify the identity of the guest, Lush Living is entitled to request the following valid identification document (for domestic guests an identity card or passport; for foreign guests the passport), and valid credit card data at check-in digitally.
b) If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, Lush Living is entitled to cancel the booking.
12. TERMINATION OF THE ACCOMMODATION AGREEMENT
a) Lush Living is entitled to terminate the accommodation agreement for good cause. A good cause exists in particular if
(i) force majeure or other circumstances beyond the control of Lush Living make the fulfillment of the agreement impossible,
(ii) apartments are culpable booked under misleading or false information or concealment of material facts;
(iii) Lush Living has good reason to believe that the use of the service may jeopardize the smooth running of business, the security or the public image of Lush Living and its locations, without this being attributable to the sovereign or the owner.
(iv) the purpose or occasion of the stay is unlawful; or
(v) in the event of resale/rental and/or redirection (see Section 8).
b) Lush Living must inform the guest immediately of the exercise of the right of cancellation.
c) In the event of justified termination of the accommodation facility, the guest shall not be entitled to compensation
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13. PROMOTION CODES
Lush Living may, from time to time, hand out promotion codes, which allow apartment bookings for a reduced rate or other benefits when purchasing services through our website, for instance to guests signing up for a Lush Living membership or for a general promotional campaign. A promotion code submitted directly to an individual must not be forwarded to or used by any other person than the person than the recipient of the promotion code. Violation of these terms may result in cancellation of a booking made with the promotion code or exclusion from the services provided by Lush Living through the website.
14. NO SMOKING IN THE APARTMENT
a) The Lush Living Apartments are non-smoking apartments. It is therefore forbidden to smoke in the common areas as well as in the guest apartments and balcony and/or terrace areas. In the event of an infringement, Lush Living has the right to demand an amount of USD 200.00 from the guest as compensation for the cleaning costs that must be paid separately, including any loss of turnover from a rental of the apartment that is not possible as a result. This amount of compensation is to be set higher if Lush Living can prove higher damages.
b) Tampering or blocking fire exits, fire extinguishers or the fire alarm is prohibited. Violations will result in a penalty fee of USD 150.00.
15. NO PARTIES IN THE APARTMENT
a) Parties are not allowed in the Lush Living Apartments.
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b)In the event of an infringement, Lush Living has the right to demand an amount of USD 500.00 from the guest as compensation for the cleaning costs that must be paid separately, including any loss of turnover from a rental of the apartment that is not possible as a result. This amount of compensation is to be set higher if Lush Living can prove higher damages.
16. DAMAGE OR THEFT
In the event of damage that goes beyond normal use, or theft, Lush Living has the right to charge the guest for the damage as well as for the separate expenses incurred to remedy the damage, including any loss of revenue from a rental of the apartment that is not possible as a result. If a deposit has been paid by the guest, Lush Living has the right to withhold the charges for theft or damage from the deposit.
17. NO PETS
It is not allowed to bring a pet with you. However, exceptions are dogs for the blind, deaf and other comparable service dogs. These may be carried free of charge and at any time on presentation of proof.
18. MAINTENANCE
a) The guest undertakes to treat the apartment provided, the furnishings as well as the rooms, facilities and equipment intended for common use with care and to ensure proper ventilation and heating.
b) Furthermore, the guest undertakes to check the equipment for completeness and suitability for use when moving into the apartment and to notify the accommodation company immediately of any complaints.
c) The guest is liable for all damages to the apartment, the furnishings and the rooms, facilities and equipment intended for common use, which they or their visitors have culpably caused through use contrary to the agreement, and which are not due to normal wear and tear. The guest must immediately notify Lush Living of any damage to the apartment provided.
d) The apartment is regularly cleaned by Lush Living. The guest will grant access to the apartment to the cleaning personnel commissioned by Lush Living.
19. GROUP BOOKINGS/CONTINGENT AGREEMENTS
For group bookings of more than three apartments and contingency agreements, separate payment and cancellation conditions apply, which result from the corresponding agreements. To arrange for group bookings or contingency agreements, please get in touch with Lush Living via the contact options indicated on this website.
20. INTERNET USAGE
a) Lush Living provides the guest with Internet access within the framework of the existing technical and operational possibilities. Malfunctions, for example due to force majeure, maintenance measures or similar, cannot be excluded.
b) The guest may not misuse the Internet connection. An improper use exists in particular in the following cases: Download and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of criminally relevant. The guest is obliged to observe the copyrights, patent rights, name rights, trademark rights and personal rights of third parties. The guest indemnifies Lush Living on first request from all claims and claims for damages by third parties, as well as from the costs of legal defence in an appropriate amount, which have been caused by an illegal use of the provided Internet connection by the guest or by third parties with the knowledge of the guest. This claim for indemnification covers in particular claims arising from the infringement of copyrights, patent rights, name rights, trademark rights and personal rights, as well as infringements of data protection law.
c) The guest is not allowed to pass on the access data for the internet connection to third parties. In the event of violation, the guest is liable to Lush Living for all damages caused by the transfer of access data.4.Lush Living also reserves the right to block the guest’s Internet connection in case of legal violations.
21. DATA PROTECTION
The data protection policy of Lush Living you can find here.
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22. LUSH LIVING MEMBERSHIP
Membership functionality is currently inactive and will be offered in the future.
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23. HOUSE RULES
In addition the House Rules in the Annex to these Terms and Conditions apply.
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24. FINAL PROVISIONS
a) Changes and additions as well as the cancellation of the accommodation agreement, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.
b) Place of performance and payment are the registered office of the accommodation facility.
c) Exclusive place of jurisdiction for commercial transactions is the location of the Lush Living. All disputes shall first be attempted to be resolved amicably. If resolution fails, parties agree to submit to the jurisdiction of the courts of Uganda.
d) The laws of Uganda apply. The application of UN sales law and conflict of laws principles is excluded.
e) Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
f) Lush Living is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Lush Living Estates Limited | 5 Muyenga Tankhill Road, Muyenga, Kampala, Uganda
Contact: lushliving-estates@gmail.com
Last updated: 2025-06-05
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Annex to Lush Living Terms & Conditions
House Rules
a) Check-In/Check-Out
Check-In: 3 pmCheck-Out:11 am
Please adhere to these times to allow for proper cleaning.
b) No Smoking
Smoking in the apartment is strictly prohibited. You may smoke outside on the balcony; please dispose of cigarettes responsibly.
c) No Pets
Unfortunately, we do allow pets to maintain a clean environment for all guests.
d) Electric, Heating and Cooking Appliances
Please make sure all electric, heating and cooking devices and lights are switched off when leaving the apartment. Further, please make sure to switch on the water heater in the bathroom only when needed and to switch it off after your shower, the water heater consumes a lot of electricity.
e) Grant Access for Cleaning Personnel
The Tenant shall grant the cleaning personnel access to the apartment at the cleaners’ regular cleaning hours.
f) Quiet Hours
Please respect our neighbours by keeping noise to a minimum from 10 pm to 8 am.
g) Guests
Only registered guests are allowed in the apartment. Please inform us if you plan to have visitors.
h) Damage
Guests are responsible for any damage to the property. Please report any issues or damages immediately.
i) Trash disposal
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Dispose of trash in the designated bins. Please recycle if possible.
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j) Safety
Ensure doors and windows are locked at any time when leaving the apartment.