Terms & Conditions
Capacity
Maximum Capacity - 5 Adults.
The beach cottage has 1 room for 2 adults and a second room for 3 adults or two adults and 2 children. A baby cot is also available upon request
Use of the Property
Normal check-in time is 13:00 and normal check-out time is 11:00, unless otherwise agreed in advance.
We reserve the right to enter the accommodation after the agreed check-out time and move or store your belongings if necessary, at your cost. We reserve the right to recover from you such additional money as we deem appropriate if you do not vacate the accommodation after the expiry of any agreed check-out time.
The house cannot be used for any purpose other than that of a private holiday house residence. Weddings and large parties cannot be catered for. Small drinks receptions for a maximum of 10 guests can be arranged upon request exclusively on the beachfront terrace and pool area to the front of the property if previously arranged.
Occupancy
Only guests whose identities match the passport details provided at booking may occupy the property.
No additional guests beyond the maximum occupancy are permitted without written approval.
Reservations, confirmations and cancellations
Once we’ve checked your requested dates, we will advise you on availability. An invoice will be forwarded to you and your booking will be confirmed on receipt of a 50% non-refundable deposit. The remaining 50% balance is due no later than 15 days prior to check in. Thereafter, if no deposit has been received, the dates will be released. Upon receipt of your deposit, we will send you a confirmation and a statement. The balance of the rental is due 60 calendar days before arrival in Lamu. Cancellation fees are 50% up to 60 days before arrival, 75% up to 30 days before arrival, and 100% after 30 days before arrival.
Pool, Ocean & General Safety – Assumption of Risk
The property includes an unattended lap pool, terraces, stairs, and direct ocean access. No lifeguard or safety supervision is provided.
Guests use all facilities entirely at their own risk.
Responsibility
The presence of an unattended plunge pool at the property requires that all guests should be specifically warned about the danger that any pool can represent. Your booking with us implies automatically the total responsibility discharge for all guests (staying and visiting guests) with no exception . When our staff are off duty, our Guests are responsible for the conduct of all occupants and visitors and for preventing damage, fire risk, flooding, or misuse of the property. The person submitting a booking will be deemed to have accepted these terms and conditions on behalf of all persons named in the booking.
Claims
In case of temporary failure of technical equipment (hot water, pumps, solar system, wifi, fans, projector, lights, etc…) our team will aim to have it repaired as soon as possible but no compensation will be due to the guests as a result of an unforseen technical failure.
We shall not be in breach of these terms and conditions and shall not be liable for a delay or failure to perform an obligation resulting from events or circumstances beyond our reasonable control including acts of God, war, flood, riots, terrorism, fire, explosion etc.
Exclusions and Liability
The Premises has an open terrace and swimming pool without handrails. The premises is also provided "as is". You agree to take all due care and attention whilst on the Premises as the accommodation is provided without warranties of any kind. The provisions of the Law Reform Act, the Fatal Accidents Act and the Occupiers’ Liability Act (Caps 26, 32 and 34 respectively of the Laws of Kenya) are hereby expressly excluded and waived and the Guest agrees to indemnify and keep us indemnified from any and all damages, liabilities and other remedies whatsoever whensoever and howsoever arising under such law or provisions that are not capable of exclusion or waiver. Liability, where not excludable by law, is limited to applicable insurance coverage.
Indemnity
To the maximum extent permitted by Kenyan law, guests waive and release Shanti Sands, its owners, employees, contractors, and agents from all claims and agree to indemnify and hold them harmless.
Governing Law &
Arbitration
These terms and conditions shall be governed by the laws of Kenya and you irrevocably submit to the exclusive jurisdiction of the Kenyan courts.
Any dispute arising out of or in connection with this booking or any stay at the Premises shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 14 days of the notification of a dispute by one party to the other, upon the application of either party, by the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitration of the United Kingdom. Such arbitration shall be conducted in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995. To the extent permissible by law, the determination of the Arbitrator shall be final and binding upon the parties.
Miscellaneous
If any provision of these terms and conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These terms and conditions constitute the entire agreement between us and you in relation to the booking or Premises and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in connection with the subject matter hereof.
You shall leave the Premises and any property thereon in the same state and condition as you found it upon first arriving.
You shall produce valid identification documents or details to us upon request and agree that we may take copies thereof where necessary.