Terms & Conditions / Further Information
Terms & Conditions / Further Information
Bookings are made and accepted only on the following conditions:
Kisiwa Amu Investments Ltd, trading as www.eastafricanretreats.com and www.lamuislandproperty.com, hereinafter called “the agency” or “the agent”, act only as Agents for the owners of the accommodation (“the Owner”) and the Contract of Letting is between the guest (“the Guest”) and the Owner.
Any agreement is made on the basis that the property (“the Property”) is to be occupied by the Guest and/or his/her invitees and guests (jointly known as “the Holidaymakers”) for a holiday, and the Guest and Holidaymakers acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends
The guest and holidaymakers agree that any property shall not be used for any illegal or commercial purpose, including subletting.
When a Guest makes a booking he/she is confirming that he/she understands, and has accepted all these terms & conditions on behalf of him/herself and all Holidaymakers in the party.
Bookings & Payments
For all bookings, the Guest must be at least 18 years of age at the time of booking, and must be authorised to make the booking on the basis of these booking conditions by all persons in the party. The Guest is responsible for making all payments due to the agent. All communications will be sent to the Guest.
Bookings cannot be accepted from persons under 18 years of age. Group bookings of single sex parties and ‘stag’ and ‘hen’ parties are not allowed unless special arrangements are made by the Agent with the Owner (safety deposits and other assurances may be required).
The exact numbers of guests in a party including the numbers of adults, children and infants, and the exact ages of any children and infants (under 18 years) must be specified by the Guest in writing at the time of booking. The ages of children or infants at the time of the commencement of the stay must be specified, rather than their ages at the time of booking.
To initiate the booking process, the Agent will send an invoice to the Guest. The invoice specifies the property, dates of stay, number and composition of guests and total cost of stay. The Guest should check all the information on the invoice carefully as soon as it is received, and must contact the Agent immediately if any information which appears on this or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. The agency cannot accept any liability if not notified of any inaccuracy in any document within seven days of sending it out.
The specified deposit – usually 50% of the total cost of the booking (“the Deposit”) must accompany the booking in order to confirm the booking. No bookings are valid until payment has been received by the Agency and are confirmed by the Agency in writing.
Once a booking is confirmed by the Agency, the Guest is responsible for the full balance of the cost of the holiday. This Balance shall be received by the Agency no later than 30 days before the stay is due to commence.
Bookings where a stay commences less than 30 days after the date of booking are not confirmed or valid until payment has been received in full. Some properties may require a different schedule of deposit payments and this information will be communicated to the Guest at the time of booking.
If the Agency does not receive all payments due in full and on time, the Agency reserves the right to treat a booking as cancelled by the Guest. In this case the cancellation charges set out below will be payable.
The currency of the invoice, and the full fixed price of the booking in the chosen currency is set when the invoice is issued. The deposit and balance payments must both be paid in the same currency.
The agency accepts the following methods of payment – Bank Transfer, M-Pesa, Credit and Debit Cards. Credit and debit cards attract an additional charge of 3.75% per transaction. The Guest is liable for any bank charges incurred, including bank charges charged to the Agent on payments made in US Dollars from outside Kenya.
Prior to the stay the Guest must provide the Agent with the names and details of all holidaymakers in the party. The use of the property, its grounds and amenities is strictly reserved for those people named in the booking. Inviting other people into the property during the stay, as day or overnight guests, is only permitted with the prior written consent of the agent.
Parties or meals or events catering to outside guests and with numbers of guests in excess of those declared at the time of booking are not permitted except by prior and special arrangement. Permission for such events will be at the discretion of the owner or agent and should be requested at time of booking. The owner and agent reserve the right to make an extra charge for such events.
If guests wish to take a pet on holiday, this must be requested at the time of booking and authorised in writing by the owner and agent.
Arrival and Departure – the Guest and his/her party agree to adhere to any specific arrival and departure times or conditions specified by the Agent or Owner and which will be communicated to the Guest at the time of booking, or which are detailed on the Agent’s website.
The agent reserves the right to send the guest a booking confirmation form, or combined booking confirmation and disclaimer / indemnity form. It is a condition of booking that the Guest and any other adult holidaymakers print and fill in and and sign this form and return a copy to the agent in advance of their stay and/or give a copy to the property staff or manager on arrival, as specified in advance by the agent to the guest.
The Agency and/or Owner reserve the right to require the Guest and all adult holidaymakers to sign a disclaimer or indemnity form indemnifying the agent and/or owner against any potential injury or loss suffered by the Guest and Holidaymakers during their stay at the property.
Changes to bookings by guests
Should the Guest wish to make any changes to the confirmed booking, the Guest must notify the agent in writing as soon as possible. The agent willendeavour to assist, but cannot guarantee that any such requests will be met.
If the Guest wishes to change, increase or decrease the numbers of guests in the party after the time of booking, the Guest must seek permission in writing from the Agent and Owner. Agreement to any changes in numbers is at the discretion of the agent and owner, who reserve the right to refuse any change in guest numbers after the confirmation of the booking.
Changes in guest numbers may lead to an increase in the price of the booking, and the agent and owner reserve the right to make a surcharge for any variations in staff costs, transport costs, costs of water, electricity, fuel or other costs associated with changes in guest numbers.
Changes in guest numbers will also be taken to mean and include changes in the composition of the party in terms of the numbers of adults / children / infants in the party when different age groups are charged at different rates.
If the Guest wishes to increase the number of guests above the numbers specified in the booking, this will only be possible if the property chosen can accommodate the additional guest(s). Where this is possible, a supplement will be due. This will either be in addition to the rental cost for the full property, or a payment to increase the occupancy of the property where the original booking was based on a reduced occupancy rate, or a change in rates in relation to changes in numbers of adults / children / infants in the party when different age groups are charged at different rates.
Changes in party size made eight weeks or less before arrival which result in a decrease in the overall cost of the booking will be treated as a cancellation and cancellation charges will apply (see below) on the difference in cost.
If Guest wishes to transfer a booking to someone else, the transfer must be to a person or persons who agree to the Booking Conditions and who meet any requirements of the property in question. If, in the opinion of the agent, the property is not suitable for the person or persons to whom the Guest wishes to transfer the booking, the agent reserves the right to refuse to make the transfer. If these transfer conditions are not met, the booking will be treated as cancelled by the Guest and the Guest will have to pay the cancellation charges (see below).
If a Guest wishes to change the date of a booking, this will be treated as a cancellation of the original booking and a new booking will be created where the change can be made. Cancellation charges (see below) will apply to the first booking.
Should the Guest wish to cancel a booking after confirmation, the Guest must immediately advise the agency in writing. Cancellations can only take effect during the agency’s business hours and the agency must be notified by email. The cancellation will only be effective when it is acknowledged in writing by the agent. The business hours of the agency are 9am to 5pm Monday to Friday and do not include Kenyan public holidays.
In case of cancellation, the Balance payment must (if not already paid) be paid by the due date (usually 30 days before arrival) while a cancellation is administered.
Cancellation fees payable by the Guest as a percentage of total invoice cost are 50% up to 30 days before arrival and 100% after 30 days before arrival.
In the event of the accommodation becoming unavailable due to circumstances beyond the Agent or Owner’s control ie by “force majeure”, the agency will endeavour to provide the Guest with suitable alternative accommodation. The agency cannot, however pay any compensation or expenses as a consequence of such an event. In these Booking Conditions, “force majeure” means any event or circumstances which the agent or property owner or manager could not, even with all due care, foresee or avoid. Such events are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, volcanic eruptions, fire, flood, epidemic, closure, restriction or congestion of airports or airspace, and all similar events or circumstances outside the control of agent or owner or manager.
Guests wishing to take pets on holiday to properties where pets are permitted, and the intention to take a pet/pets on holiday having been declared by the guest at the time of booking and authorised by the owner/agent, must abide by the following rules (failure to do so may result in the holidaymakers being asked to leave without compensation).
Dogs must be under strict control at all times while in the property. Dogs must be house-trained and any fouling etc. either inside or outside must be cleared up without delay. The dog owner must bring the dog’s bed or basket for sleeping in. Dogs are not allowed onto chairs or sofas or beds. Dogs must not be left alone and unattended in the property or elsewhere at any time.
The Holidaymakers shall keep the Property and all furniture, fixtures, fittings and effects in or on the Property in the same state of repair as at the commencement of the holiday, and shall leave the Property in the same state of cleanliness and general order in which it was found.
By making a booking the Guest and holidaymakers accept responsibility for any damage or loss caused they may cause to or at a property. The Guest or holidaymakers must report and pay to the Owner the cost of any damage or breakages made during their holiday occupancy
Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the property owner or manager. If the actual cost of the loss or damage exceeds the amount paid where estimated, the Guest must pay the difference once known.
Where damage is not identified until after the end of the holiday, the agent reserves the right to subsequently request full payment for this. If the Guest fails to make payment when required, the Guest will be responsible for meeting any claims subsequently made against the agent (together with the agent’s and the other party’s full legal costs).
The Agency and the Owners reserve the right to make a charge where guests have contravened an Owner’s request for their property to be smoke free.
All guests are expected to have consideration for other people and to behave in a manner which is polite and respectful. If in the reasonable opinion of the agent or property owner or manager, any guest or holidaymaker behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the agent, property owner or manager will be entitled, without prior notice, to terminate the holiday of the person(s) concerned.
Such behaviour includes threatening and inappropriate behaviour, whether verbal or physical, the use of offensive language, and/or any action which the agent, manager or owners believes poses a risk to staff, property owners and managers, other guests, or anyone else connected with the holiday. In this situation, the person(s) concerned will be required to leave the property and cease use of any other services. The agency will have no further responsibility toward such person(s). No refunds will be made and the agency will not pay any expenses or costs incurred as a result of the termination.
The Holidaymakers right to occupy the Property may be forfeited without compensation and their stay may be terminated without notice by the property owner, manager or agent in case of any of the following. If:-
Payment in full is not received by the agent before the commencement of the holiday.
The number of holidaymakers staying at the property exceeds the number declared and paid for at booking, and the Guest has not obtained prior written permission for these extra guests from the agent and/or has not paid any extra associated costs.
The composition of the party (adults / children / infants) differs from that declared and paid for at booking, and the Guest has not obtained prior written permission for this change from the agent and/or has not paid any extra associated costs.
Small children are brought to stay at a property which has been specified as unsuitable for small children by the owner or agent.
Pets are brought to stay at a property without advance permission from owner or agent.
Parties, events or meals catering to outside guests or to more than the number of holidaymakers declared at the time of booking take place without the express permission of owner or agent.
Day or overnight guests are entertained without the express permission of owner or agent.
Where a boat or motor vehicle or other form of transport has been supplied by the owners for guests’ use, if passengers in excess of the maximum specified number of passengers use or attempt to use such transport.
Any activity is undertaken which is illegal, or which in the opinion of owner, manager or agent may cause unreasonable damage, noise, disturbance or distress to others.
Any potentially hazardous activity is undertaken without the express consent of owner or agent.
Smoking takes place in a designated “no smoking” property or ‘no smoking’ areas of a property.
Any single guest or holidaymaker refuses to sign an indemnity / disclaimer form.
A Guest refuses or fails to pay a security deposit
In the event that the Guest believes that there is a cause for complaint or experiences any problems, the Guest must immediately inform the staff at the property and then the property owner or manager. Any verbal notification must be put in writing and sent by email or SMS to the property owner or manager at once.
The staff or owner or manager of the property must be afforded the opportunity to address the issue raised immediately, and only thereafter should the issue be reported to the Agency if required. It is important that the issue is raised during the holiday while the Guest is still at the Property so that an on-the-spot investigation can be made if necessary and remedial action by staff, owner, management or agent taken if required.
Until the owner, manager or agent is informed about a problem or complaint, they cannot begin to resolve it. If the Guest believes that there is cause for complaint or that a problem needs to be resolved, it is not reasonable to take no action during the holiday but to write a letter of complaint afterwards.
In no circumstances will complaints be considered after the holiday has ended when the Guest or Holidaymakers have failed to report any issue to the owner, management or agent during the holiday, or when the Guest or Holidaymakers have denied the staff, owner, management or agent the opportunity of investigating the issue and endeavouring to remedy matters during the holiday.
Neither the Owner nor the Agency will be liable for any additional costs incurred or claimed by a Guest should he/she decide to vacate the property prior to the booked departure date.
The Owner or his representative shall be allowed access to the Property at any reasonable time during any holiday occupancy.
Neither the Agent nor the Owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the owner’s control.
Health & Safety
The Agency accepts no responsibility for personal injury to or death or illness of the Guest and Holidaymakers, or loss of or consequential loss or damage to their property, or for other matters over which the Agency has no control.
At some properties potentially hazardous activities or sports such as horse riding, bush walking or wild animal viewing are offered to guests by the owner. The agency accepts no responsibility or liability for any death, injury or loss, or loss of or consequential loss or damage to their property, suffered by any Guest or holidaymaker as a result of such activities, which holidaymakers shall undertake at their own risk.
At some properties, motor vehicles with driver or motor boats or sailing boats with captain or other forms of transport are made available by the owner to transport guests during their stay. The agency accepts no responsibility or liability for any death, injury or loss, or loss of or consequential loss or damage to their property, suffered by any Guest or holidaymaker as a result of the use of such transport, which holidaymakers shall use at their own risk. A maximum number of passengers may be specified for such boats or vehicles or forms of transport and it is a condition of using such transport that this maximum number of passengers is not exceeded by the guests. Use of such transport by numbers of guests in excess of the specified maximum number of passengers is forbidden.
At some properties, swimming pools are available for guests’ use – these carry their own inherent risks. The agency accepts no responsibility for any death, injury or loss, or loss of or consequential loss or damage to their property, suffered by any Guest or holidaymaker as a result of use of or connected with any swimming pool, which holidaymakers shall use at their own risk. Children are not permitted to use any swimming pool at any time without close supervision by a responsible adult. The Guest must ensure that he/she and all holidaymakers take great care when using or being near any swimming pool at the property where you are staying. The Guest should for example make sure that he/she and all holidaymakers are aware of the depth(s) (including the location of any change of depth) and layout of the pool (including infinity edges) by physically checking it prior to use. Please note, depth markings are not always accurate. All persons should walk rather than run around or near the pool and ensure that nobody enters it while under the influence of alcohol. The Guest must check the pool every day before use and report any apparent defects at the time to the staff, manager or owner of the property.
At some properties, sports and activities such as tennis, bicycling and golf and/or water sports such as boat sailing, rowing, water-skiing and windsurfing are made available to guests by the owner. The agency accepts no responsibility for any injury or loss, or loss of or consequential loss or damage to their property, suffered by any Guest or holidaymaker as a result of such activities, which holidaymakers shall undertake at their own risk.
Some properties are surrounded by areas of public or private land which are inhabited by wild animals, some of which may be potentially dangerous. The agency accepts no responsibility for any injury or loss, or loss of or consequential loss or damage to their property, suffered by any Guest or holidaymaker as a result of their venturing onto such land, which holidaymakers shall enter at their own risk.
Neither the agent nor property owner can be held responsible for the presence of any animals or insects at any property. Please note that most of our properties are situated in areas where wildlife such as animals, birds and insects are present, and where it would not be unusual to encounter animals such as rodents, snakes, monkeys, donkeys, scorpions, bats, birds, goats or cats, and insects such as wasps, bees, mosquitoes, flies, ants or spiders – some of which could be potentially hazardous to guests. Holidaymakers should keep doors and windows closed as far as practicably possible and should not approach, feed, pet or play with any wild or domesticated animals. The agency accepts no responsibility for any death, injury, illness or loss, or loss of or consequential loss or damage to their property, suffered by any Guest or holidaymaker which is caused by any domestic or wild animal or insect.
Many of our properties are located in large gardens or grounds and holidaymakers must take great care when exploring these. The grounds may contain drops, slopes and/or uneven grounds or paths or steps that carry their own inherent risks and therefore children need to be closely supervised there. At some properties there are balconies and/or terraces and/or verandas which may be accessed up steep, narrow or uneven staircases or ladders and may feature drops and other risks. These may not be suitable for the elderly or people with limited mobility. Holidaymakers should take extra care when using these and ensure that children are never left unsupervised. Children must not be allowed to climb on any railings or fences or walls or parapets or ladders. The agency has no liability for any death or personal injury arising from use of or connected with such gardens, grounds, paths, steps, terraces, balconies, verandas, staircases or ladders.
The agency does not recommend or endorse any childcare or babysitting providers as we do not believe we are in a position to do so. We understand that many of our clients require these services when taking a holiday. However, in view of the safety, security and suitability concerns which all parents have when sourcing childcare or babysitting providers, holidaymakers need themselves to be comfortable with and to carry out their own checks on such providers. Please bear in mind that the majority of these providers will not have any official childcare qualifications. Any babysitting or childcare arrangements which holidaymakers make with the owners or management or staff at any property are entirely at the guests’ discretion. The agency does not vet or check local staff for suitability for providing childcare and we cannot accept any responsibility or liability for such arrangements, all of which are made at the guests’ own risk.
It is the laws and applicable standards of the country in which the property is situated and the holiday takes place which apply and not those of any other country. These laws and standards may not be the same as in the Guest and/or holidaymakers’ home country and may sometimes be lower. It is the Guest’s and holidaymakers’ responsibility to ensure that they are satisfied with the safety standards and precautions offered by the property and its amenities before making use of them.
The Agency and/or Owner reserve the right to require the Guest and all Holidaymakers to sign a disclaimer or indemnity form indemnifying the agent and/or owner against any potential injury or loss suffered by the Guest and Holidaymakers during their stay at the property. It is a condition of booking that the Guest and all Holidaymakers sign this form, and failure or refusal by any one of the Holidaymakers to do so may result in The Holidaymakers’ right to occupy the Property being forfeited immediately and without compensation.
The Agency and/or the Owner reserve the right to charge a security deposit in advance of their holiday. In such cases is a condition of booking that the Guest pays this security deposit and failure or refusal to do so may result in The Holidaymakers’ right to occupy the Property being forfeited immediately and without compensation. Further information on security deposits can be supplied by the Agency / Owner at the time of booking.
Website and property information
The Agency has compiled the information on our websites www.eastafricanretreats.com and www.lamuislandproperty.com (“the Websites”) as accurately as possible at the time of publication, using information supplied to us by the Owners of the properties. However, facilities may be altered or withdrawn by the Owner for reasons outside the Agency’s knowledge or control, in which case we cannot accept responsibility or liability.
The property information and prices shown on the Agency’s websites and/or in other media changes from time to time and may have changed by the time you come to book your holiday. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
While the Agency makes every effort to ensure that the property details and prices supplied to us by the Owners are accurate, regrettably errors do occasionally occur. If required, confirmation should be requested by the Guest and confirmed by the Agency prior to booking as to any particular facilities and/or amenities of the property. The Agency is not liable or responsible for any inaccuracies in the property details on the websites.
The photographs in on our website and/or in other media are intended to give a general overall impression of the properties. Some aspects of a property may have changed by the time you come to make your booking, for example furniture or fixtures & fittings or decoration or garden layout may have been changed or removed by the owner. We cannot accept any liability or responsibility should this situation arise.
The Holidaymakers should accept that minor differences between text / photograph / illustrations on the Websites and the actual property may arise. We cannot accept responsibility should the property not conform to the Holidaymaker’s standards or expectations. If a facility is particularly important to you, please check with us prior to your booking.
The owner may occasionally alter or withdraw without prior notice facilities and/or amenities which have been advertised, where reasonably necessary due to repairs, maintenance or any other circumstances beyond their control, in which circumstances the agent cannot be held liable or responsible for such changes.
There are links from this website to various other websites promoting various businesses, products and services. The Agency is not responsible or liable for the accuracy of information displaced on these other websites or for any issues relating to the products or services displayed thereon.
By making a booking you consent to receive our email newsletters. If you wish to unsubscribe from the newsletter you can do so at any time.
All electronic data transferred pursuant to these terms and conditions remains the property of the agent and may not be replicated in part or whole without the agent’s prior written permission. Electronic data will not be preserved indefinitely by the agent.
Medical & Insurance
Malaria and other communicable diseases may be present in parts of East Africa – it is recommended that all holidaymakers take medical advice from their doctor before travelling. It is a condition of booking that guests possess adequate medical and travel insurance. As a minimum this should include cover for medical expenses, personal accident, evacuation and/or repatriation in the event of illness or accident, loss or damage to/of personal possessions or money, cancellation charges and legal liability to any third party. Your acceptance of these Booking Conditions will be treated as confirmation that every member of your party has such insurance or will obtain it prior to departure. We reserve the right to ask for further evidence that you have purchased comprehensive insurance cover. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs.
Travel & health documents, passports & visas
It is the Guest’s and holidaymakers’ responsibility to ensure that they are in possession of all necessary travel and health documents. All costs incurred in obtaining such documentation must be paid by the holidaymakers. The agency cannot accept any liability if guests are refused entry onto any transport or into any country due to failure on their part to carry correct documentation.
The above Booking Conditions will apply to all confirmed bookings.