Scope & Nature of Our Service
Through the websites www.eastafricanretreats.com and www.lamuislandproperty.com, East African Retreats and its affiliates (hereinafter called the Agent, Agents or Agency) provides an online platform through which owners of the accommodation (the Owners) can advertise, market, promote, and/or offer (as applicable) their property (the Property) for reservation, hire, and through which a potential guest (the Guest) and/or potential invitees (the Holidaymakers) can discover, search, compare, and make an order/reservation.
By using or utilizing this service, you enter into a legally binding & contractual relationship with the Owner with whom you make a reservation. From the point at which you make your reservation, we act solely as an intermediary between you and the Owner, transmitting the relevant details of your reservation to the relevant Owner(s) and sending you a confirmation email for and on behalf of the Owner. The Agent does not rent out or offer any Property or service.
The recommendations, testimonials and other information contained in the websites are given based on the circumstances known by the Agency at the time. The websites do not otherwise constitute a guarantee of the quality, service level, qualification or rating of any Property displayed thereon.
The websites are made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor, display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our website for any commercial or competitive activity or purpose.
It is hereby understood that 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.
Any agreement to occupy any Property is made on the basis that the Property is to be occupied by the Guest and 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 no Property shall be used for any illegal or commercial purpose, including subletting.
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 potential Holidaymakers. The Guest is responsible for making all payments due to the Agent. All communications will be sent to, via and through the Guest.
Bookings cannot be accepted from persons under 18 years of age. Group bookings of single sex parties and ‘stag’ and ‘hen’ parties or other events or parties are not permitted without prior consent from the Agent or Owner and/or unless special arrangements are made by the Agent with the Owner (security deposits and other assurances and further information including the ages of all Holidaymakers may be required)
The exact numbers of all Holidaymakers 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.
The Guest must specify whether he/she and the other Holidaymakers are resident or non-resident in Kenya and/or East Africa. Where accommodation rates and/or conservancy fees vary according to resident or non-resident status, the Agency on behalf of the Owner, and/or the Owner, both reserve the right to ask for proof of residency from all such Guests and Holidaymakers.
In order to prove residency, the Agency on behalf of the Owner, and/or the Owner, both reserve the right to require the Guests or Holidaymakers to provide copies of passports, work permits or other identity documents, both during the booking process and on arrival at the Property.
The granting of resident / non-resident rates to any Guest or Holidaymaker shall be at the Owner’s sole discretion (whenever applicable). Any such decision made by the Owner shall be final.
All communications regarding bookings must be done in writing and via email only. The Agent does not accept bookings, or communications about bookings, via SMS, Facebook, Instagram, WhatsApp or other platforms or social media. Any information relating to a booking relayed by the Guest to the Agent by telephone must be backed up by a written email.
Availability calendars displayed on the website(s) are for indicative purposes only, and are not a guarantee that a property is available on a certain date or over a certain period.
Once the Agent has received a booking request and has confirmed availability to the Guest over the requested dates, the Agent will initiate the booking process by sending an invoice to the Guest by email. The invoice specifies the Property, dates of stay, number and composition of the group and total cost of stay, along with other relevant information.
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 to the booking later. The Agent cannot accept any liability if not notified of any apparent inaccuracy in any document within seven days of sending it out.
The specified payment – usually 50% of the total cost of the booking (“the Deposit”) – must accompany the booking in order to confirm the booking. No booking is valid or confirmed until the specified payment has been received in full by the Agent and has been confirmed by the Agent in writing. Until such payment has been received and confirmed, a property’s availability over the requested dates cannot be guaranteed and may be subject to change without notice.
Once a booking is confirmed by the Agency, the Guest is responsible for paying the full balance of the cost of the holiday which remains unpaid (“the Balance”). 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.
All payments for a booking must be made and received from one single source i.e. from the Guest, and payments must only be made in one or two instalments. The Agency does not accept a variety of different payments from a variety of different sources, nor will the Agency accept payment in more than two instalments, except by special arrangement when agreed by the Agent and/or Owner, and provided that the Guest shall bear all responsibility for any payments made under such special arrangement.
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.
Some properties may require payment in Kenya Shillings and other properties in US Dollars. The currency of the invoice, and the full fixed price of the booking in the specified currency is set when the invoice is issued. Payments must be made in the currency specified on the invoice and to the bank account specified on the invoice. Incoming payments in US Dollars may be subject to bank charges which will be added to the invoice.
The Deposit and Balance payments must both be paid in the same currency and to the same bank account.
For payments made by a Guest from an overseas or foreign currency account, the correct and full amount specified on the invoice must be received into the Agent’s bank account in the currency specified on the invoice.
Guests making payments from an overseas or foreign currency account must be aware that bank charges, transaction fees and exchange rates may affect the amount received into the Agent’s bank account.
The Guest is liable for any such bank charges and transaction fees incurred, including bank charges charged to the Agent on payments made in US Dollars or any other foreign currency.
When the Agent makes a bank transfer or other transfer of funds to the Guest, the Guest is liable for all bank charges and other transaction fees incurred. Such charges will be at the discretion of the bank or other financial institution which processes or makes or receives the payment.
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 Agency does not accept payment by Cash or Cheque.
Further terms and conditions of booking
Prior to the stay the Guest must provide the Agent with the names and details of all Holidaymakers in the party, including the exact ages of all Guests under 18 years, together with the nationalities of all Holidaymakers and their resident/non-resident status.
The use of the Property, its grounds and amenities are strictly reserved for those people named in the reservation provided by the Guest and properly notified to the Agent. 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 Holidaymakers wish to take a pet on holiday, this must be requested at the time of booking by the Guest and authorised in writing by the Owner and Agent.
Arrival and Departure – the Guest and those in 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 or after the time of booking, or which are detailed on the Agent’s website.
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.
On arrival at a Property, all Holidaymakers may be required by law to provide copies of passports and/or other identity documents, and/or to complete any relevant official forms or documents – in order to comply with local or national laws and regulations.
Correspondence and Communication
By completing a reservation, you further agree to receive (i) an email which we may send you prior to your arrival date, giving you additional information on your preferred Property and (ii) an email after arrival to rate the (experience with your) Property, Owner and the Agent.
All communications regarding bookings must be made in writing and via email to the Agent’s designated email address. The Agent does not accept bookings, or communications about bookings, via SMS, Facebook, Instagram, WhatsApp or other platforms or social media.
The Agent disclaims any liability or responsibility for any communication by or with the Owner away from the Agent’s platform. You cannot derive any rights from any request to, or communication with the Owner made away from this the Agent’s platform and to the exclusion of the Agent, and the Agent cannot guarantee that any such request or communication will be executed or otherwise honoured.
In order to duly complete and secure a reservation, the Guest needs to use his/her/their correct email address and provide up-to-date and correct information. Neither the Agent nor the Owner shall be responsible or liable for (nor shall the Agent or Owner have obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number or other such inaccurate or incorrect information.
Changes to bookings by Guests
Should the Guest wish to make any changes to the confirmed booking, ie with regard to numbers or composition of guests, dates or length of booking, the Guest must notify the Agent in writing to the Agent’s email address as soon as possible. The Agent will endeavour 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 from the Agent and Owner by writing to the Agent’s email address. 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 the Owner reserve the right to make a surcharge for any variations in staff costs, transport costs, costs of water, electricity, fuel and other supplies or any 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.
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 resident / non-resident guests when accommodation and /or conservancy fees vary according to residency status.
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 and / or composition made eight weeks or less before arrival which result in a decrease in the overall price of the booking will be treated as a cancellation and cancellation charges will apply (see below) on the difference in cost.
If a 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, or if in the opinion of the Agent, the new Guest is not suitable for the Property, 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, less than 30 days before a confirmed booking or during a booking, a Guest wishes to reduce the length of booking ie to arrive at a later date or to depart at an earlier date to those dates already agreed, no price reduction or refund will be made in relation to any such curtailment of the stay.
If a Guest wishes to change the dates 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.
Once confirmed, a booking is not transferable to another property. If a Guest wishes to change their booking to another property, this will be treated as a cancellation of the original booking and a new booking will be created if possible. 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 through the Agency’s designated email address. 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 or uninhabitable due to circumstances beyond the Agent or Owner’s control i.e. by “force majeure”, the Agency will endeavour to provide the Guest with suitable alternative accommodation, or to offer a postponement of the stay to a later date if possible and subject to future availability. Under such circumstances, however, the Agency will not pay any compensation or expenses or reimburse any payments for accommodation that have already been made by the Guest.
In these Booking Conditions, “force majeure” means any event or circumstances which the Agent or Owner or manager could not, even with all due care, foresee or avoid. Such events are likely to include war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, interruption or cancellation of electricity or water supply, adverse weather conditions, volcanic eruptions, fire, flood, epidemic or medical emergency, closure, restriction or congestion of airports, airspace, roads, railways and other means of travel, cancellation of flights or trains, restrictions or prohibitions on local or international travel, and all similar events or circumstances outside the control of the Agent or Owner or manager.
Guests wishing to take pets on holiday to Properties where pets are permitted, provided that such Guests’ intention to take a pet/pets on holiday has been duly declared by the Guest at the time of making the reservation and authorised by the Owner/Agent, must abide by the all rules, regulations and covenants imposed by the Agent or Owner (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 Guest or any owner of the dog 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 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.
When a Guest has paid a security deposit and when the Guest or Holidaymakers have caused damage or loss to a Property, the Guest agrees that the cost of making good such damage or loss (reasonably estimated if not precisely known) may be deducted from any security deposit paid by or due from the Guest. If the actual cost of the loss or damage exceeds the amount of security deposit paid, 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 and Holidaymakers are expected to have consideration for other people and to behave in a manner which is polite and respectful.
All Holidaymakers warrant that the Property will not be used for any cause that may bring the Property or the Owner or Agent into disrepute.
All Guests and Holidaymakers must respect the proximity of neighbouring properties, must not behave in a way that will cause disturbance to occupants of neighbouring properties and must respect any rights of way granted to the occupants of neighbouring properties.
If in the reasonable opinion of the Agent or Owner or manager, if any Guest or Holidaymaker behaves in such a way as to cause or be likely to cause danger, upset, distress or disturbance to any third party or damage to property, or behaves in such a way that will bring the Property or the Owner or Agent into disrepute, then the Agent, Owner or manager will be entitled, without prior notice, to terminate the holiday of the person(s) concerned.
Such behaviour includes threatening, rowdy and inappropriate behaviour, whether verbal or physical, the use of offensive language, and/or any action which the Agent, manager or Owner believes poses a risk to staff, Owner, managers, other guests, neighbours, 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 related 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 also be forfeited without compensation and their stay may be terminated without notice by the 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.
- Where accommodation and / or conservancy fees vary according to residency status, when a non-resident Guest or Holidaymaker has misrepresented himself or herself as resident or has been misrepresented as such by the Guest.
- 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 or party guests are entertained without the express permission of Owner or Agent, or where the number of such guests exceeds the numbers agreed to by Owner or Agent.
- Where a boat or motor vehicle or other form of transport has been supplied by the Owner for use by Guest and Holidaymakers, 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 Guest or Holidaymaker refuses to sign an indemnity / disclaimer form.
- A Guest refuses or fails to pay a security deposit.
- Any Guest or Holidaymaker refuses or fails to supply a copy of a passport or other identity document and/or refuses or fails to complete any official form or document, when required by the Owner or stipulated in local or national law to do so.
- A Guest or Holidaymaker induces or coerces any member of staff, or attempts to do so, in relation to any of the above clauses or any other terms & conditions of booking, or otherwise breaches these terms & conditions.
Complaints and problems
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 Owner or manager. Any verbal notification must be put in writing and sent by email or SMS to the 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 or manager taken if required.
Until the Owner, manager or Agent is informed about a problem, 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 or to inform the Owner, manager or Agent after the end of the booking.
In no circumstances will complaints or problems 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, whatever the reason. No refunds will be paid in respect of any early departure made by the Guest or holidaymakers for any reason.
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 or other issue which comes from beyond the boundaries of the Property or which is beyond the Owner’s control.
Neither the Agent nor the Owner can be held responsible or liable for any interruption or cancellation or failure of the supply of electricity, water, gas or internet services to or on the Property, or any consequences thereof, or for the failure of any related appliance or equipment.
Health & Safety
The Guest and Holidaymakers occupy the Property and make use of any related facilities and undertake any related activities at their own risk. 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 the property of the Guest and Holidaymakers, or for other matters over which the Agency has no reasonable control.
At some properties potentially hazardous activities or sports such as horse riding, bush walking, game drives, wild animal viewing, sea fishing, lake & river fishing, lake & river swimming 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 the property of the Guest or Holidaymakers, suffered by any Guest or Holidaymaker as a result of such activities, which the Guest and Holidaymakers shall undertake at their own risk.
At some properties, motor vehicles with or without driver or motor boats, sailing boats or rowing boats with or without captain and/or other forms of transport are made available by the Owner to transport guests during their stay. Guests and Holidaymakers must satisfy themselves that such forms of transport are fit for purpose and that adequate and appropriate safety equipment and safety measures are in place before using such forms of transport. Neither the Agency nor the Owner accepts 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 passengers in excess of the specified maximum number of passengers is forbidden.
At some properties, landing strips or helipads are made available by the Owner for use by aeroplanes or helicopters or other forms of air-born vehicle or transport. Guests and Holidaymakers must satisfy themselves that such facilities are fit for purpose and that adequate and appropriate safety equipment and safety measures are in place before using them. 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 facilities, which the Guest and Holidaymakers shall use at their own risk.
At some properties, swimming pools, plunge pools and Jacuzzis 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, plunge pool or jacuzzi, which the Guest and Holidaymakers shall use at their own risk. Children are not permitted to use any swimming pool, plunge pool or jacuzzi 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, plunge pool or jacuzzi at the Property where they 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, badminton, bicycling and golf and/or water sports such as motorboating, boat sailing, boat rowing, fishing, water-skiing, kite surfing, paddle boarding, sand yachting, surfing, snorkelling and windsurfing, together with related equipment, are made available to Guests and Holidaymakers by the Owner. At some properties sports and fitness equipment and gymnasium equipment are made available to Guests by the Owner. At some properties there are children’s playgrounds with facilities such as swings, slides, trampolines and climbing frames, nets and ropes made available to the 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 sports and activities or the use of such equipment, which Holidaymakers shall undertake at their own risk.
Some properties are situated within, or 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 Guest and Holidaymakers shall enter at their own risk.
The Guests and Holidaymakers hereby acknowledge that neither the Agent nor the Owner can be held responsible for the presence of any animals or insects at any Property. Please note that most properties are situated in areas where wildlife such as animals, birds and insects are present, and where it would not be unusual to encounter wild and domestic and farm animals such as rodents, snakes, monkeys, donkeys, scorpions, bats, birds, goats, cows, horses, dogs or cats, and insects such as wasps, bees, mosquitoes, flies, ants or spiders, as well as fish and sea creatures at areas of coast, beach and ocean – 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 or farm 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 or farm animal or any insect, fish or sea creature.
Many of the properties are located within large gardens or grounds and Holidaymakers must take great care when exploring these. The grounds may contain trees, ponds, streams, rivers, lakes, drops, slopes, steep gradients and/or uneven grounds or paths or steps that carry their own inherent risks and therefore children need to be closely supervised there. Climbing of trees on any properties is not permitted.
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, low walls and other risks. These may not be suitable for children, 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, lakes, rivers, ponds, trees, streams, pontoons, paths, steps, terraces, balconies, verandas, staircases or ladders.
The Agency does not recommend or endorse any childcare or babysitting providers as it does not believe it is in a position to do so. It understands that many Holidaymakers 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 Owner or management or staff at any Property are entirely at the Guest’s or Holidaymakers’ discretion. The Agency does not vet or check local staff for suitability for providing childcare and cannot accept any responsibility or liability for such arrangements, all of which are hereby acknowledged as being made solely at the Guest or Holidaymakers’ 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 it 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.
Limitation of Liability
The Agency acts only as a booking agent for the Owner and on the express condition that the Agent shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements contemplated under these terms and conditions, or otherwise in connection therewith.
The Agency shall not be liable for any injuries or any damage to any Guest or Holidaymaker or their property and shall not be subject to any claim, demand, injury, or damages, whatsoever, including without limitation, those damages from acts of passive or active negligence on the part of the Agent, its officers, employees, or agents. The Guest does hereby expressly release and discharge the Agent from all such claims, demands, injuries, damages, actions or causes of action. The Guest acknowledges that he/she has carefully read this paragraph and fully understands that this is a waiver and release of liability.
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 Agent’s knowledge or control, in which case the Agent cannot accept responsibility or liability.
The property information and prices and availability shown on the Agent’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 and confirm all details of your chosen holiday (including the price) with the Agent at the time of booking.
While the Agent makes every effort to ensure that the property details and prices and availability supplied to us by the Owners are accurate, regrettably errors, changes or omissions 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 Agent is not liable or responsible for any inaccuracies in the Property details on the websites.
The photographs 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 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 must accept that minor differences between text / photograph / illustrations on the Websites and the actual Property may arise. The Agent cannot accept responsibility should the Property not conform to the Holidaymaker’s standards or requirements 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 to the Agent, 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 an enquiry or 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. Please note that if you travel against the advice of your government or employer, the validity of your insurance policy may be affected.
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 any Guest or Holidaymaker is refused entry onto any transport or into any country due to failure on their part to carry correct documentation.
Travel advisories and restrictions
Guests and Holidaymakers should make themselves aware, before making a booking, of any relevant travel advice issued by their own government, the government of the country in which their holiday will take place, their employer or another relevant agency or organisation. The Agency cannot accept liability for a Guest’s or Holidaymaker’s cancellation or curtailment of any booking due to such a travel advisory or restriction, whether this is issued before or after a booking is made. Such advisories or restrictions may prohibit travel to certain countries or regions due to insecurity, epidemic, natural disaster or other reasons beyond the control of the Agency. The aforementioned terms & conditions of cancellation and cancellation fees apply to all cancellations under such circumstances.