Privacy Policy — Dabaso Gardens
1. Data Controller
Terms & Conditions — Dabaso Gardens
Last updated: June 2026
1. General
These Terms and Conditions govern all bookings and stays at Dabaso Gardens, operated by Lugard’s Lodge Ltd, Timboni-Dabaso Road, Dabaso, Watamu, Kilifi County, Kenya. By making a booking, you confirm that you have read, understood and agreed to these terms in full. These terms constitute a binding agreement between the guest and Lugard’s Lodge Ltd.
2. Bookings and Payment
Reservations are confirmed upon receipt of a deposit of 50% of the total rental amount. The remaining balance is due upon arrival or as agreed in writing at the time of booking. Until the deposit is received, the reservation is not confirmed and the apartment may be offered to other guests. Payments are accepted via bank transfer, cash, or other methods agreed directly with management.
3. Cancellation Policy
All deposits are non-refundable regardless of the reason for cancellation, including personal circumstances, illness, travel disruptions, flight cancellations, visa issues or force majeure. In the event of cancellation after the full amount has been paid, refunds will be assessed on a case-by-case basis at the sole discretion of management. No refunds will be issued for early departure.
4. Occupancy
Each apartment may only be occupied by the number of guests stated at the time of booking. Bringing additional guests — including day visitors staying overnight — without prior written authorisation is strictly prohibited and may result in immediate termination of the rental agreement without refund. All guests must be registered with management upon arrival.
5. House Rules and Compound Regulations
All guests are required to respect the rules of the residential compound at all times. This includes:
- Keeping noise to a reasonable level, especially between 22:00 and 08:00
- Respecting shared facilities including the swimming pool and gardens
- Disposing of waste appropriately in designated areas
- Not causing disturbance to other residents, neighbours or staff
- Not organising parties, events or gatherings without prior written consent from management
- Not allowing unauthorised persons to access the compound
Failure to comply with compound rules may result in immediate termination of the rental agreement without refund.
6. Inventory Check-In
Upon arrival, guests are required to inspect the apartment and all its contents and report any damage, missing items or malfunctions to management within 24 hours of check-in. Any issues reported after this period may be attributed to the guest. A check-in inventory list will be provided where applicable. Guests who fail to conduct or report the check-in inspection accept the apartment in its current condition.
7. Damages
Guests are fully responsible for any damage caused to the apartment, its contents, fixtures, fittings or shared facilities during their stay. In the event of damage:
- The full cost of repair or replacement will be charged to the guest at market rates
- Guests may not vacate the apartment or leave the compound until damage costs have been settled in full
- Management reserves the right to withhold departure and retain any remaining rental amounts pending settlement
- Management reserves the right to pursue legal action for damages exceeding any amounts held
8. Theft and Personal Belongings
Lugard’s Lodge Ltd accepts no responsibility for theft, loss or damage to guests’ personal belongings, valuables, cash, documents, electronics or any other items left in the apartment or anywhere on the property. Guests are strongly advised to use available locks and to secure their valuables at all times.
9. Vehicles and Parking
Private parking is provided as a courtesy to guests within the gated compound. Lugard’s Lodge Ltd accepts no responsibility for theft, vandalism, damage or loss of any vehicle parked on the property, or for any items left inside vehicles. This includes but is not limited to:
- Theft of or from the vehicle
- Damage caused by weather, falling objects or third parties
- Loss of contents left inside the vehicle
Guests park entirely at their own risk. Management strongly advises against leaving valuables inside parked vehicles.
10. Swimming Pool
Use of the shared swimming pool is at guests’ own risk. Management accepts no responsibility for accidents, injuries or death in or around the pool. Guests are responsible for ensuring that children under their care are supervised at all times. The following pool rules apply:
- No diving or jumping in shallow areas
- No glass near the pool
- No swimming alone at night
- Pool rules displayed on-site must be respected at all times
Management reserves the right to restrict pool access for safety reasons.
11. Smoking
Smoking and vaping are strictly prohibited inside all apartments and in enclosed common areas. Smoking is permitted only in designated outdoor areas. Violation of this policy will result in a deep-cleaning fee charged to the guest and may result in termination of the rental agreement.
12. Pets
Pets are not permitted in the apartments or compound unless expressly authorised in writing by management prior to arrival. Unauthorised pets will result in immediate termination of the rental agreement without refund and an additional cleaning fee.
13. Check-in and Check-out
Standard check-in time is 14:00 and check-out is 11:00. Early check-in or late check-out may be arranged subject to availability and at the discretion of management. Failure to vacate by the agreed check-out time may result in an additional night’s charge at the full applicable nightly rate.
14. Utilities and Services
All rental rates include standard utilities (water, electricity up to normal residential consumption), Wi-Fi and compound access unless otherwise stated in writing. Excessive or abnormal electricity consumption may be subject to an additional charge. Management reserves the right to disconnect utilities in the event of non-payment.
15. Internet and Wi-Fi
High-speed Wi-Fi is provided throughout the property. Management does not guarantee uninterrupted connectivity and accepts no liability for interruptions caused by service providers, technical failures or circumstances beyond its control. Wi-Fi must not be used for illegal activities.
16. Long-Term Rentals
For stays of 28 nights or more, a separate long-term rental agreement may be required. Long-term rates include utilities, Wi-Fi and compound access. Housekeeping is available at additional cost. The cancellation policy in Clause 3 applies to long-term rentals unless otherwise agreed in writing.
17. Late Payment — Long-Term Rentals
Monthly rent is due on the agreed date each month. Payment must be received no later than 5 days after the due date. In the event of late payment:
- A late payment fee of 10% of the monthly rental amount will be applied for each week of delay
- Management reserves the right to terminate the rental agreement if payment is not received within 15 days of the due date
- Guests will be required to vacate the apartment within 48 hours of termination notice
- All outstanding amounts remain due in full regardless of early termination
18. Booking Modifications
Requests to modify a confirmed booking must be submitted in writing. Modifications are subject to availability and management approval. Date changes requested more than 30 days before arrival will be accommodated where possible at no additional charge. Changes within 30 days of arrival may incur a modification fee or be treated as a cancellation subject to Clause 3. Downgrades will not result in a refund of any difference already paid.
19. Access to the Property
Management and authorised personnel reserve the right to access the apartment at any time in the event of emergency, suspected damage, safety concerns or breach of these terms. Where possible, reasonable notice will be given. Regular maintenance and housekeeping access will be arranged at mutually agreed times.
20. Photography and Privacy
Guests may not photograph or film other residents, staff or shared areas in a manner that violates the privacy of others. Any commercial use of photographs or videos taken on the property requires prior written consent from management. Management may use photographs of the property for promotional purposes.
21. Conduct and Behaviour
Guests are expected to behave in a respectful and lawful manner at all times. Management reserves the right to terminate any rental agreement immediately and without refund in cases of:
- Abusive, threatening or violent behaviour towards staff, residents or neighbours
- Illegal activity of any kind on the premises
- Possession or use of illegal substances
- Serious or repeated breach of any provision of these Terms and Conditions
22. Health and Safety
Guests are responsible for their own health and safety and that of any minors or vulnerable persons in their care. Management accepts no liability for personal injury or illness sustained during a stay unless directly caused by gross negligence on the part of Lugard’s Lodge Ltd. Guests with medical conditions are advised to ensure adequate travel and health insurance prior to arrival.
23. Travel Insurance
Guests are strongly advised to obtain comprehensive travel insurance prior to their stay, covering cancellation, medical expenses, personal liability, theft and loss of belongings. Lugard’s Lodge Ltd accepts no responsibility for losses that would otherwise be covered by travel insurance.
24. Third-Party Services
Management may assist guests in arranging third-party services including transport, tours, airport transfers and activities. Such services are provided by independent third parties. Lugard’s Lodge Ltd accepts no responsibility for the quality, safety or reliability of third-party services and any disputes must be resolved directly with the service provider.
25. Force Majeure
Lugard’s Lodge Ltd shall not be liable for any failure to fulfil its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, floods, fire, government restrictions, pandemics, power outages, civil unrest or acts of God. In such cases, management will make reasonable efforts to find alternative solutions but cannot guarantee refunds.
26. Governing Law and Disputes
These Terms and Conditions are governed by the laws of Kenya. Any disputes arising from a booking or stay shall first be addressed through direct negotiation between the parties. If unresolved, disputes shall be subject to the exclusive jurisdiction of the Kenyan courts.
27. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
28. Entire Agreement
These Terms and Conditions, together with any written booking confirmation, constitute the entire agreement between the guest and Lugard’s Lodge Ltd and supersede all prior communications, representations or agreements.
29. Minimum Stay
A minimum stay of 2 nights applies for short-term bookings unless otherwise agreed in writing. Management reserves the right to decline bookings that do not meet the minimum stay requirement.
30. Age Requirement
The primary guest making the booking must be at least 18 years of age. Management reserves the right to request valid identification from all guests upon check-in. Bookings made by minors are invalid and will be cancelled without refund.
31. Identification
All guests are required to present valid photo identification upon check-in. Management reserves the right to refuse entry to any guest unable to provide valid identification. For foreign nationals, a valid passport is required. Information collected is processed in accordance with our Privacy Policy.
32. Keys and Access Devices
Guests will be provided with keys or access devices for the apartment. Lost or damaged keys must be reported immediately. The cost of replacing locks or access systems due to lost keys will be charged to the guest. Keys must be returned upon check-out. Failure to return keys will result in a replacement charge.
33. Subletting
Guests may not sublet, assign or transfer their rental agreement or any rights under it to any third party. The apartment may only be used by the registered guests and may not be used for commercial purposes, including but not limited to short-term subletting platforms such as Airbnb or Booking.com.
34. Noise and Quiet Hours
Strict quiet hours apply between 22:00 and 08:00. Music, television and any noise-generating activities must be kept at a level that does not disturb other residents. Repeated noise complaints may result in immediate termination of the rental agreement without refund.
35. Waste and Cleanliness
Guests are required to maintain the apartment in a clean and orderly condition throughout their stay. Waste must be disposed of in designated bins. Guests must not dispose of inappropriate items in toilets or drains. Excessive cleaning required beyond normal wear and tear will be charged to the guest at the end of the stay.
36. Alterations to the Property
Guests may not make any alterations, modifications or additions to the apartment or its contents, including but not limited to drilling, painting, moving furniture or installing equipment. Any unauthorised alterations will be reversed at the guest’s expense.
37. Electrical and Mechanical Equipment
Guests must use all electrical appliances, air conditioning units, kitchen equipment and other mechanical systems responsibly and in accordance with any instructions provided. Damage caused by misuse or negligence will be charged to the guest. Air conditioning units must not be left running with windows or doors open.
38. Water Usage
Guests are requested to use water responsibly. Running taps unnecessarily, leaving showers running for extended periods or filling the bathtub excessively may result in additional charges for long-term stays where water consumption is monitored.
39. Backup Power System
The property is equipped with a backup power system. Guests must not tamper with, modify or interfere with any backup power equipment. Management accepts no liability for damage to guests’ electronic equipment caused by power fluctuations or outages, whether covered by the backup system or not. Guests are advised to use surge protectors for sensitive equipment.
40. Medical Emergencies
In the event of a medical emergency, guests should contact local emergency services immediately. Management will provide reasonable assistance where possible but accepts no medical liability. The nearest hospital is located in Malindi, approximately 30 minutes from the property. Guests with known medical conditions are strongly advised to carry appropriate medication and documentation.
41. Children
Parents and guardians are fully responsible for the supervision and safety of children in their care at all times, including in the apartment, around the swimming pool, in the gardens and throughout the compound. Management accepts no liability for accidents involving unsupervised children.
42. Complaints Procedure
Any complaints regarding the apartment or services must be reported to management in writing as soon as possible during the stay, to allow management the opportunity to resolve the issue. Complaints raised after check-out will not be considered for any form of compensation or refund.
43. Right to Refuse or Terminate
Management reserves the right to refuse a booking or terminate a stay at any time, without refund, if guests are found to be in breach of these Terms and Conditions, behaving unlawfully, or posing a risk to other residents, staff or the property.
44. Intellectual Property
All content on the Dabaso Gardens website, including photographs, text and branding, is the property of Lugard’s Lodge Ltd and may not be reproduced, copied or used without prior written consent.
45. Indemnification
Guests agree to indemnify and hold harmless Lugard’s Lodge Ltd, its directors, employees and agents from any claims, damages, losses or expenses — including legal fees — arising from the guest’s breach of these Terms and Conditions, negligence or unlawful conduct during their stay.
46. Limitation of Liability
To the maximum extent permitted by applicable law, Lugard’s Lodge Ltd’s total liability to any guest shall not exceed the total amount paid by that guest for their stay. Management shall not be liable for any indirect, consequential, special or punitive damages of any kind.
47. Amendments to Terms
Lugard’s Lodge Ltd reserves the right to amend these Terms and Conditions at any time. The version in force at the time of booking confirmation shall apply to that booking. Updated terms will be published on the website.
48. Acceptance of Terms
By making a booking — whether by WhatsApp, email or any other means — the guest confirms acceptance of these Terms and Conditions in their entirety. Acceptance does not require a physical signature. Verbal or written confirmation of a booking constitutes full acceptance.
49. Maintenance and Repairs
Lugard’s Lodge Ltd will make every reasonable effort to maintain all systems, appliances and facilities in good working order. However, in the event of a breakdown or malfunction of any system — including but not limited to electrical, plumbing, air conditioning, internet, backup power or kitchen appliances — Lugard’s Lodge Ltd does not guarantee immediate repair or replacement. Management will make every effort to resolve reported issues as quickly as possible, but response times may vary depending on the availability of technicians, spare parts and circumstances beyond management’s control. No refund, compensation or reduction in rental rate will be offered solely on the basis of a temporary malfunction, provided management is actively working to resolve the issue. Guests are requested to report any malfunctions to management immediately upon discovery.
Contatto
For any questions regarding these Terms and Conditions:
📧 info@dabasogardens.com 💬 WhatsApp +39 345 340 9350 📍 Timboni-Dabaso Road, Dabaso, Watamu, Kilifi County, Kenya