Terms and Conditions for Rental
Capacity
Maximum Capacity - 4 Adults.
The Cottage is ideal for two couples or one couple with teenage children. The property is not suitable for children under 8 yrs of age.
The main cottage has a double bed off the lounge which is served by a walk in closet and bathroom.
The Guest Suite also has a double bed, ensuite bathroom and walkin closet.
Use of the Property
Normal check-in time is 13:00 and normal check-out time is 10:00, 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 16 guests can be arranged upon request exclusively on the beachfront terrace to the front of the property.
Occupancy
The rental contract is for a fixed number of guests whose identities must correspond to the passport identities supplied at the time of booking. Additional guests over the maximum capacity of 4 will not be admitted.
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. After sending the invoice, we allow for 10 calendar days to receive the deposit. If after 10 calendar days, 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.
Security Deposit
Due to the fact that the property has been furnished with largely imported fabrics, furniture and accessories of value, we ask for a security deposit of USD 500 to be held by the property prior to your arrival. This amount shall be fully refunded upon departure, unless any damage or loss has been caused to the property and/or its contents. If so the expense of repair or replacement will be subtracted from the security deposit paid and the remainder refunded to you. You shall be liable for all losses or damage to our property.
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 due to the fact Syngué Sabour Cottage is a private house. When our staff are off duty, our Guests are responsible for the protection of the property from any damage incurred from incorrect use of the property: exceeding maximum occupancy, fire risk from the use of candles, flooding risks from unattended opened taps or showers, etc
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 staircases and terraces without handrails and a swimming pool. 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.
Notwithstanding and without prejudice to the foregoing paragraph, where we are not entitled to exclude a warranty, condition or term implied by law, and to the extent permitted by law, our liability for breach of any such warranty, condition or term is limited to any insurance cover that we may have obtained in respect of the Premises or your occupation thereof. We may increase the level of such cover if requested at your cost.
To the maximum extent permitted by law, we, our agents, representatives and employees shall not be liable for any loss, theft or injury or any damages whatsoever whensoever and howsoever, whether direct, indirect, exemplary, punitive, special, incidental, and consequential or otherwise that may arise as a result of any booking, reservation or stay at the Premises.
Indemnity
The Guest agrees to indemnify and keep us indemnified at all times against any and all costs, claims, actions, suits, proceedings, costs, expenses, damages and liabilities, whatsoever whensoever and howsoever arising out of, connected with or resulting from any booking made by the Guest or the stay at the Premises of the Guest, any guests of the Guest and any minors and adults traveling with the Guest.
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.