Terms & Conditions
Effective from July 2026
Thank you for choosing Hakuna Matata Watersports.
These Booking Terms & Conditions govern the commercial relationship between Hakuna Matata Watersports Ltd. ("Hakuna Matata Watersports", "we", "our" or "us") and our customers ("participant", "customer", "you"). These Terms & Conditions should be read together with our "PARTICIPANT WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT", which every participant is required to sign before taking part in any activity.
1. BOOKINGS
Bookings may be made in advance or in person at our beach station, subject to equipment, instructor and weather availability.
Unless otherwise expressly agreed by Hakuna Matata Watersports, the full price of the activity must be paid in advance before participation. Where applicable, a refundable security deposit must also be paid before equipment is released.
A booking is confirmed only after payment has been received. Hakuna Matata Watersports reserves the right to refuse or cancel any booking where reasonably necessary for safety, operational or legal reasons.
2. OPERATING HOURS
Activities operate during daylight hours and remain subject to weather, sea and tide conditions, instructor availability, equipment availability and any restrictions imposed by competent authorities.
3. PRICES AND PAYMENTS
All prices are displayed in United States Dollars (USD).
Accepted payment methods: Cash (USD and KES), Visa, Mastercard, M-Pesa.
Payment must be completed before the activity commences. Prices may change without prior notice; however, confirmed bookings shall be honoured at the confirmed price.
4. ELIGIBILITY REQUIREMENTS
Participants under the age of 18 may participate in Hakuna Matata Watersports activities only with the prior written consent of a parent or legal guardian, who must be physically present at the time of booking and signing of the required documents. Written consent provided remotely or after the booking has been made will not be accepted.
For safety reasons, Hakuna Matata Watersports may establish minimum age, weight, swimming ability, experience and other eligibility requirements for specific activities. In particular, participants wishing to take part in kitesurfing lessons should generally weigh at least 30 kg.
Meeting the minimum eligibility requirements does not automatically entitle a participant to take part in any activity. Hakuna Matata Watersports reserves the absolute right to refuse, suspend or terminate participation whenever, in its reasonable opinion, participation would not be safe or appropriate.
5. CUSTOMER RESPONSIBILITIES
Customers agree to arrive at least 20 minutes before the scheduled activity; provide accurate personal information; honestly declare their swimming ability; disclose any medical condition or physical limitation that may affect safe participation; follow all staff instructions; wear required safety equipment; treat equipment with reasonable care; behave respectfully; comply with the laws of Kenya; and remain responsible for their personal belongings.
6. SAFETY
Safety is our highest priority. Participation is conditional upon attending the safety briefing, complying with staff instructions, wearing required safety equipment, being physically able to participate safely, honestly declaring swimming ability, and not being under the influence of alcohol or drugs. Detailed safety obligations are contained in the PARTICIPANT WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.
7. PARTICIPANT WAIVER
Every participant must sign the PARTICIPANT WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT before participating. That Agreement forms an integral part of these Booking Terms & Conditions. Where any inconsistency exists, the Waiver shall prevail regarding safety, assumption of risk and liability.
8. REFUNDS, CANCELLATIONS AND CHARGEBACKS
8.1 Eligibility for Refunds
Hakuna Matata Watersports is committed to providing safe, professional and enjoyable watersports experiences. Refund requests shall be considered fairly and in accordance with the following policy.
Refunds may be approved under the following circumstances:
• Duplicate card transactions.
• Incorrect transaction amounts charged.
• Cancellation of services in accordance with the cancellation policy set out below.
• Non-delivery of services paid for.
• Equipment failure or operational issues preventing the activity from taking place, where no suitable alternative or rescheduling can be offered.
• Unsafe weather or sea conditions requiring cancellation of the activity by Hakuna Matata Watersports.
• Service quality complaints approved by management after investigation.
Where possible Hakuna Matata Watersports will first offer:
• Rescheduling;
• An equivalent alternative activity; or
• A credit voucher valid for future use.
Where none of the above options is reasonably possible, a refund may be issued.
Refunds shall generally not be granted for:
• Services already provided and substantially completed.
• No-show bookings.
• Late arrivals resulting in missed or cancelled activities.
• Customer cancellations less than 24 hours before the scheduled activity.
• Charges resulting from customer negligence, misconduct or failure to follow safety instructions.
• Activities discontinued because the participant chooses to stop due to fear, fatigue, lack of ability or personal reasons.
• Disputes unrelated to the services provided.
• Promotional offers, discounted packages, special rates or gift vouchers.
8.2 Cancellation Policy
More than 48 hours before the activity: Full refund or free rescheduling.
24–48 hours before: 50% refund or free rescheduling (subject to availability).
Less than 24 hours before: No refund.
No-show bookings: No refund.
8.3 Weather and Safety
If Hakuna Matata Watersports cancels an activity due to unsafe weather or sea conditions, customers will be offered, in order of preference: rescheduling, an equivalent activity, or a full refund if rescheduling is not reasonably possible.
8.4 Equipment Failure
If an activity cannot proceed because of equipment malfunction or operational circumstances beyond the customer's control, Hakuna Matata Watersports will offer replacement equipment where available, rescheduling, an equivalent activity, or a full refund if no alternative is available.
8.5 Late Arrival
Customers should arrive at least 20 minutes before their scheduled activity. Late arrival may reduce the duration of the activity. Where late arrival prevents the activity from taking place or disrupts the booking schedule, the booking may be treated as a no-show and no refund shall be payable.
8.6 Activities Interrupted After Commencement
If an activity must be interrupted for safety or operational reasons after it has commenced, Hakuna Matata Watersports will determine, acting reasonably, whether rescheduling, a credit voucher or a partial refund is appropriate. No refund shall be payable where the customer voluntarily discontinues the activity for personal reasons.
8.7 Medical Circumstances
Customers unable to participate because of illness or injury and who provide an appropriate medical certificate before the activity may, at the sole discretion of Hakuna Matata Watersports, be offered rescheduling or a credit voucher. Refunds are not guaranteed.
8.8 Refund Processing
Approved refunds shall, as a general rule, be processed to the original payment card through the authorised POS terminal or other approved banking channels. However, refunds of KES 5,000 or less may, with the customer's agreement and at the sole discretion of Hakuna Matata Watersports, be settled immediately in cash, subject to sufficient cash being available. Refunds exceeding KES 5,000 shall, in all cases, be processed through the acquiring bank and credited back to the original payment card used for the transaction.
8.9 Refund Processing Time
Typical processing times:
• Local cards: 3–14 business days.
• International cards: Up to 30 business days.
Hakuna Matata Watersports is not responsible for delays caused by banks or payment networks.
8.10 Chargebacks and Disputed Transactions
Where a cardholder disputes a transaction, Hakuna Matata Watersports may provide supporting documentation including signed waivers, receipts, invoices, booking confirmations, payment records, photographs or videos where appropriate, instructor records and customer communications. Fraudulent or unsupported claims may be challenged.
8.11 Fraud Prevention
Hakuna Matata Watersports reserves the right to refuse suspicious transactions, request additional verification or identification, require presentation of the payment card where appropriate, decline unverifiable transactions and report suspected fraud to the relevant authorities.
8.12 Force Majeure
Hakuna Matata Watersports shall not be liable for cancellations, delays or interruptions caused by events beyond its reasonable control, including severe weather, dangerous sea conditions, government restrictions, public health emergencies, terrorism, security incidents, strikes or natural disasters. In such circumstances, Hakuna Matata Watersports may offer rescheduling, an alternative activity or a credit voucher instead of an immediate refund.
9. PHOTOGRAPHY
Photography and video recording are addressed in Section 10 (Photo/Video Consent) of the PARTICIPANT WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. Participants who do not wish to appear in photographs or videos should expressly select 'No' in that section before signing the Waiver.
10. PRIVACY
Hakuna Matata Watersports collects personal information solely for booking administration, safety, insurance, payment processing and legal compliance. Personal data will not be sold and will only be disclosed where required by law or necessary for legitimate operational purposes.
11. LOST PROPERTY
Hakuna Matata Watersports will make reasonable efforts to assist customers in recovering lost property but accepts no responsibility for loss, theft or damage to personal belongings.
12. COMPLAINTS
Customers who are dissatisfied with any aspect of our services should notify Hakuna Matata Watersports as soon as reasonably possible so that the matter may be addressed promptly. Formal complaints should be submitted no later than three (3) calendar days after the activity. We are committed to resolving customer concerns fairly and amicably before escalation through payment card dispute procedures or legal proceedings.
13. GOVERNING LAW
These Booking Terms & Conditions are governed by the laws of the Republic of Kenya. Any dispute shall be subject to the jurisdiction of the competent courts of Kenya.
14. CONTACT US
Hakuna Matata Watersports Ltd.
Diani Beach, Kwale County, Kenya
WhatsApp: +254 793 510 975
Email: hakunamatataws@gmail.com
Instagram: @hakunamatatawatersports
Website: Coming Soon
THANK YOU!
Thank you for choosing Hakuna Matata Watersports. Our team is committed to providing every guest with a safe, professional and memorable experience on the beautiful waters of Diani Beach. We look forward to welcoming you back.