Terms and Conditions

1. GENERAL: Pepnet Safaris & agents act as rental managers. They arrange bookings and reservations as agents for the owner of the Cottages. The Terms and Conditions of this Agreement between you and the Owner are as set out herein. It is the responsibility of the Primary Guest to ensure that all Guests abide by these Terms and Conditions. The Primary Guest agrees that the information provided on the online booking application is true & accurate.

This Agreement will be binding, enforceable, and take effect once the online booking application is approved and payments have cleared payment procedures.   You will be notified by email once this has happened.

You are agreeing with the Terms and Conditions, and as such, You, the Primary Guest, acknowledge and confirm that you have read and agree to all General Terms and Conditions, Payment Information, and Conditions.

2. PROPERTY INFORMATION: Property Information for the Cottages can be found on the Kusini Beach Cottages website. You will find it useful to review before and during your vacation. There will also be a Property Information notice at the cottage which will describe how things work and answer some FAQs. It also provides a Primary Contact in case you need help and other information and/or items that will assist you in the enjoyment of the Cottage.

3. DISCLAIMER: Every effort will be made to ensure that all the fundamental equipment at the Cottage is in good working order at the time of your arrival. In the unlikely event that there is a problem with the water, plumbing, electrical system, or with a major appliance upon your arrival or during your stay, call the Primary Contact in accordance with the information contained in the Property Information notice. It is the Owner’s intent to address issues as promptly as can be reasonably done. If such fundamental elements or services cannot reasonably be provided, the sole obligation of the Owner shall be to provide a refund as deemed appropriate commensurate with the circumstances.

Recreational items such as Kayaks, pool toys are provided at the discretion of the Owner as an added feature for the Guest’s use. While every attempt will be made to ensure that such equipment is available and in working order, should breakdown or some other situation occur whereby these elements are not available or not working, the Owner shall not be responsible for replacing same or for refunding any monies.

The information contained in any printed materials or website is believed to be accurate at the time it is created. However, Pepnet Safaris reserves the right to make alterations based on revised input from the Owner. Although Pepnet Safaris shall endeavor to inform you of such alterations, the failure to do so shall not form a breach of the Agreement or relieve you of your obligations under this Agreement.

4. DRINKING WATER: Pepnet Safaris recommends that you bring drinking water with you.

5. SELF CATERING DELUXE: We provide a personal chef and room steward/waiter for every unit (cottage/villa). This is included in our rate per night. Guests can do their grocery shopping at any of the supermarkets in Diani (Carrefour, Chandarana, and Naivas). We normally arrange this stop together with the transfer service provided by the taxi companies that we work with. Local fishermen stop by the premises daily to offer the catch of the day & take orders for future deliveries.

6. USE: Unless otherwise stated, Pepnet Safaris will supply bed linens, pillowcases, towels (for pool and bathroom ), dishcloths, all dishwashing equipment, cutlery, crockery, glassware, toilet paper, serviettes, candles, mosquito spray, air freshener, hand soaps, and all cleaning equipment. The Owner will provide pillows, blankets, cleaning supplies and mosquito nets.

You agree to keep the Cottage and all furniture, fixtures, and effects in and around the Cottage in the same state of repair and condition as at the commencement of the rental period, save and except for ordinary wear and tear.  In the event of accidental damage, please contact Pepnet Safaris as soon as is reasonably possible before leaving so that we can work out arrangements in advance to repair or replace damaged items.

You agree to use the Cottage for a personal vacation or work use only. All persons staying at the Cottage at any time will be named, along with their ages as part of the booking process. If you contravene the maximum number stated for the Cottage, you agree that you will be subject to immediate eviction without refund or an additional nightly charge of $100.00 per person, at the discretion of the Owner. Please note that any person, regardless of age, is counted as a person in the occupancy of a Cottage. NOTE: Extra bed will be charged at KSH 2.500 per night for adults and for children above 3 years. A baby cot can be provided free of charge on request and depending on availability.

Pets are not permitted on the property and it is found that pets have been brought onto the property, you will be asked to leave without a refund.

Outdoor fires are not permitted by law. The provides a BBQ & charcoal so please request assistance from the chefs. Beach bonfires can be allowed at the owner’s discretion and upon request.

Smoking of tobacco, the use of electronic cigarettes (e-cigarettes) to vape any substance is permitted inside any Cottage. 

Camping, tenting or other auxiliary accommodation is not permitted on the Cottage property.

7. LIMITATION OF LIABILITY: The Primary Guest acknowledges that the Owner & Pepnet Safaris accept no liability for loss, damage, death, illness, or injury suffered by any person as a result of using this Cottage. You agree that such liability rests entirely with the Primary Guest.

8. INDEMNITY: The Primary Guest acknowledges that the use of the Cottage by all Guests is entirely at your own risk. The Primary Guest shall indemnify and hold harmless the Owner and Pepnet Safaris against and from all expenses, costs, damages, suits, actions or liabilities arising from all loss of or damage to the Cottage, injury, personal condition or death resulting from the use of the Cottage, grounds, boats or ocean.

9. INSURANCE: You represent and warrant that you carry proper Insurance. The Owner does not carry insurance on the valuables or clothing of the Guests or for any willful damage caused by the Guests. It is therefore the Primary Guest’s responsibility to Insure against any unforeseen damage or loss of any Guest(s) possessions and damage to the cottage caused by any Guest.  We always recommend using a travel insurance policy in any event.

10. PAYMENT INFORMATION AND CONDITIONS

A deposit of 50% is usually collected at the time of booking to confirm the dates.

11. CANCELLATION BY OWNER: In the unlikely event that the Cottage is struck by disaster, then, this Agreement will be null and void and all payments will be immediately refunded.

12. CANCELLATION BY YOU: If the Primary Guest wishes to cancel the Agreement, you must notify Pepnet Safaris in writing and you are agreeing that the following policy shall apply to all cancellations:

CANCELLATION  CHARGES  

• At any time                  50%
• No Show                     100%

13. KEYS: At the end of the rental period, return all keys to the Reception/Room Stewards located at the Cottage. If you forget to return the key(s)please get in touch with us urgently to arrange for it to be returned to us. There are no charges for prompt return of keys.

14. ACCESS: The Owner, management, the designated room steward and the chef are the only people allowed access to the Cottage at any reasonable time during your occupancy.

15. REFUNDS: You agree that you shall not be entitled to any refund arising from weather or water conditions, changes or fluctuations in the ocean level, conditions at neighboring cottages, or other conditions beyond the control of the Owner or Pepnet Safaris.
    

16. JURISDICTION: The laws of Kwale County Council, Kenya, shall govern this Agreement.

17. SEVERABILITY: If any provision(s) of this Agreement are invalid, such provisions shall be considered separable and the remaining provisions shall remain in full force and effect.

18. ASSIGNMENT: You have no right to assign or sublet this Agreement under any circumstances.

19. FORCE MAJEURE: Neither Pepnet Safaris nor the Owner are responsible for failure to service this Agreement if the failure arises out of causes beyond their control including, water levels, hydroelectricity failures, severe storms, acts of God, or any other cause whatsoever beyond their control.

20. CORRESPONDENCE: We all agree that WhatsApp, SMS, and email may be used to communicate information, additions, and deletions to any Terms and Conditions or pricing if both parties agree to them within the body of such communications.