ACCEPTANCE OF BOOKING CONDITIONS:
Your booking contract is with ToursLanka, a registered Seller of Travel with the State of California, USA. Tour planning and customer service is carried out on ToursLanka’s behalf by Dream Vacations (Pvt) Ltd, Colombo, Sri Lanka. ToursLanka conducts business under the laws of California and USA. Any use of the ToursLanka.com website, or written communication with ToursLanka, for the purposes of travel arrangements, confirms that you are aged 18 or over and that you have read and fully accept these booking conditions.These booking conditions are devised for the protection of all parties. The phrase “ToursLanka” in these Booking Conditions refers to ToursLanka based in California, USA.
Your use of this web site is on condition that you "Tour Participant" accept without variation the terms and conditions set out herein which may be varied by us "ToursLanka" from time to time without notice to you. Your use of this web site constitutes your agreement to all the terms & conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this web site.
REPRESENTATIONS & WARRANTIES
You represent & warrant that:
By paying in full & obtaining services for a transfer, excursion, or package tour, you the tour participant automatically become a 'member' enjoying the benefits of the particular product or service.
Due to the somewhat strenuous nature of some active, adventure programs, it requires that you be reasonably fit, & thus some tours may be unsuitable for children & the elderly. Some trips like canoeing & rafting may require your ability to swim. These requirements will be indicated with each tour. We will make reasonable effort to accommodate those who are physically infirm, however, we reserve the right to refuse service and/or terminate the participation of any tour participant whose health or mental condition or physical infirmity impedes the operation of the tour.
The Tour Manager/ leader/ interpreter may, at his or her discretion, require you to withdraw from any tour or activity, if the Tour Manager/ leader/ interpreter deems your conduct offensive or a nuisance to other tour participants, behave in a manner disrespectful to the local culture & customs, causes destruction to local flora & fauna and/or engage in conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate the law of any country.
ToursLanka shall have no liability to any tour participant required to withdraw from any tour. You may also be held responsible for willful damage.
PRICES, RATES & FARES
Unless otherwise indicated, all price rates shown are in United States Dollars. Rates are per person basis. Accommodation will be sharing twin or double basis, a supplement for single room is applicable. Prices for villa are for the rental of the entire villa unless otherwise indicated.
Prices are based on current rates of exchange as of the date of your reservation. ToursLanka reserves the right to increase tour prices to cover increased costs of tariffs, taxes, park fees and fluctuations in foreign exchange markets. Prices are in effect at the time of viewing the web site and are subject to change at any time prior to departure.
ToursLanka cannot be held accountable for any differences due to different exchange rates or transaction fees applied by different financial institutions and/ or different dates. Refunds for price fluctuations are not possible since our charge is based on the exchange rate applicable on the day of payment.
All fees, interest or bank charges in arranging tele-transfer, wire transfer, bank draft or other money transfer method through a financial institution must be borne by you..
RESERVATIONS, DEPOSITS & FINAL PAYMENTS
Early reservations are essential to ensure availability of space. Upon your acceptance of our itinerary and quote, we will make tentative reservations and confirm all hotels and services which will be generally valid for 48 hours during low season and 24 hours during peak season. Low season in Sri Lanka is generally considered the period between May to July, September & October. Peak season is generally considered the period between November to April, and August. We will apply peak season terms if in our opinion an event of significant importance takes place during the low season.
In event you accept our tentative reservation and quote; a deposit of 30 per cent of the tour cost is required in advance on confirmation to secure the booking and re-confirm all arrangements. If a deposit is not received at our offices within 48 hours during low season or 24 hours during peak season, from the time of reservations; booking/s is/are subject to cancellation. In event a supplier demands stricter payment terms, we will inform you of such terms as well as individual cancellation policy.
After receipt of deposit by ToursLanka, any change/s made to the reservation/s will incur a processing fee of $30 per change (also refer our general cancellation policy).
100 per cent of cost as final payment per person is required not less than six weeks before arrival at destination. If the reservation is made within the last six weeks of arrival at destination (and if space is still available), the entire tour price must be paid at the time of reservation.
ToursLanka will accept credit or debit cards for deposits. Balance payments are requested to be paid by wire funds transfer.
PROVISION OF SERVICES
All products & services offered on this web site are subject to availability and acceptance, at the discretion of the supplier of such product or service. In the event a product or service booked by you is not available, ToursLanka shall use its reasonable endeavors to suggest an alternative product or service of similar pricing and quality.
In event a of hotel of similar pricing and quality mentioned in the quote is not available and only a lower category of hotel is available; this will be informed to you accordingly and the benefit (if any), will be passed on to you
In event of hotel of similar pricing and quality mentioned in the quote is not available and only a higher category/ more expensive hotel is only available; you will be informed accordingly and supplement (if any) will be charged to you.
Where the product or service is either not available or our suggested alternative (where applicable) is not acceptable to you but is fully paid, we shall make a refund in accordance with our refund policy.
We will do our best to make your rooms available on check-in. However, the standard hotel occupancy times are; Check in time 2.00 p.m. and Check out time 12.00 noon. Early check-in and late check-out are subject to extra charge. Any unutilized accommodation or services will not be refunded. Any changes to hotels after confirmation of booking, will be entirely at your own expense and payable direct to our local supplier Dream Vacations (Pvt) Ltd., in Sri Lanka.
ITINERARY CHANGES MADE BY US
ToursLanka is committed to the highest levels of integrity and professionalism in ensuing you have an enjoyable tour. However there will be instances where adjustments to your itinerary need to be made due to exigent circumstances. This could be an event under exceptional circumstances (eg overbooking of hotel) which demand an immediate action from our end to ensure your tour continues with minimal disruption. Under such circumstances, we will refund you appropriately if the replacement hotel is cheaper and pay any additional transfer costs.
ITINERARY CHANGES REQUESTED BY YOU
ToursLanka aims to offer tailor-made, flexible itineraries to your satisfaction. You acknowledge that it once an itinerary is finalized, requests for changes to a group or individual itinerary will always be considered. You further acknowledge that any changes may incur cancellation charges and you will be charged for any additional services provided to you.
CUSTOMER CARE AND COMPLAINTS PROCEDURE:
ToursLanka is committed to providing a caring and professional service to you. You will be provided with appropriate contact details prior to travel and it’s your responsibility to keep the contact details safe. If you are unhappy with any aspect of our services, you must immediately bring it to the attention of the service provider (e.g. hotel) or our local representative in order to provide you with an immediate solution and rectify the problem whilst on tour. If the matter is not solved to your satisfaction, you must notify ToursLanka within 24 hours, by email so that we can rectify the matter amicably to the benefit and contentment of all parties. It is only if you do this, that ToursLanka has the opportunity to put matters right, without any undue delay. ToursLanka reserves the right to refuse any liability or compensation if this arbitration process is not strictly adhered to.
Notwithstanding the above, In the event if you take any irresponsible action by reporting any malicious or defamatory article which may cause harm or loss to ToursLanka in any web site, travel blog or other forum without any justification or concrete evidence, you may be subject to legal action and possible claim for damages for misreporting or malicious defamation of person or property.
Your use of this web site, brochure or any other accompanying promotional documentation is at your sole risk. This web site, brochure or any other accompanying promotional documentation (including, but not limited to, rates and itinerary) is provided 'as is' basis and you assume total risk and responsibility for your use of this web site, brochure or any other accompanying promotional documentation.
To the maximum extent permitted by law, ToursLanka specifically disclaims all warranties, express or implied, in respect of this web site, brochure or any other accompanying promotional documentation; including, but not limited to, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other property rights or compatibility between this web site and any software and hardware.
ToursLanka neither warrants nor makes any representations regarding the accuracy or completeness of this web site or of any of the data or information contained in this web site or that of the use of this web site will be uninterrupted or error free or that any information, data, content, software or other material accessible through this web site will be free of bugs, viruses, worms, trojan horses or other harmful components.
The information contained in this web site, brochure or any other accompanying promotional documentation is subject to change without notice.
ToursLanka, of California, and all affiliates including Dream Vacations (Pvt) Ltd. of Colombo, Sri Lanka act only in the capacity as an agent for the hotels, airlines, bus companies, railroads, ship lines, and/or contractors providing accommodations, transportation or other services to the client. You are advised that ToursLanka purchases such transportation, hotel accommodations, restaurant and other services from various independent suppliers who are not affiliated with ToursLanka. ToursLanka makes every effort to select the best suppliers of the aforementioned services. However, ToursLanka does not control the operations of these agents and as a result, ToursLanka, its subsidiaries, affiliated companies, servants or agents CANNOT BE HELD LIABLE IN CONTRACT OR TORT FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS, DELAY TO PERSON OR PROPERTY, ADDITIONAL EXPENSES, INCONVENIENCE CAUSED DIRECTLY OR INDERECTLY BY ANY SERVICE PROVIDER OR OTHER CLAIM which may occur as the result of any and/or all of the following: (1) the wrongful, negligent or arbitrary acts or omissions on the part of the independent supplier, agent, its employees or others who are not under the direct control or supervision of ToursLanka; (2) defects or failures of any vessel, aircraft, vehicle or other instrumentality which is under the control of an independent supplier; or (3) loss, injury or damage to person, property or otherwise, resulting directly or indirectly from any Acts of God, dangers, incidents at sea, fire, breakdown in machinery or equipment, or wars (whether declared or not), hostilities, civil disturbances, strikes, riots, thefts, pilferage, medical epidemics, quarantines, or customs regulations, defaults, delays or cancellations or alterations in itinerary due to schedule changes, or from any causes beyond ToursLanka’s control. Further, ToursLanka is not liable for any loss or damage resulting from insufficient or improperly issued passports, visas or other legal documents. All coupons, exchange orders, receipts, contracts and tickets issued by ToursLanka are issued subject to any and all tariffs, terms, and conditions under which any services are provided by such hotels, airlines, bus companies, railroads, ship lines or owners or contractors or by their person in employ.
ToursLanka shall not be liable for or responsible to any Tour Participant in the event of dissatisfaction with the standard of service or accommodation provided by any Service Provider or is liable or responsible for any disappointment, distress or lack of enjoyment arising from any act or omission whatsoever.
Under no circumstances is ToursLanka to be construed as a carrier under contract for safe carriage of you or your baggage and belongings.
LIMITATION OF LIABILITY
ToursLanka shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with the use of or inability to use this web site, or the information, products and services obtained through this web site, the submission of any personal information, including, but not limited to, bank and credit card details, the performance or non-performance of ToursLanka or any unauthorized access or breach of security into this web site through the internet or otherwise arising, whether based on contract, strict liability, tort (including negligence), product liability or otherwise even if ToursLanka has been advised of the possibility of such damages.
By making a reservation, you acknowledge that in all events, ToursLanka shall not be liable for any incidental or consequential damages and that the sole extent of ToursLanka's liability, if any, shall never exceed the amount actually paid by you to ToursLanka.
The disclaimer, responsibility and limited liability of ToursLanka as set out in this agreement are fundamental elements of the basis of the bargaining between you and ToursLanka, and you agree that ToursLanka would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this agreement.
You agree that it is your responsibility to take a holiday insurance policy (these could be organized in the respective country, prior to commencement of travel). ToursLanka accepts no responsibility for costs which may occur as a result of you failing to secure adequate insurance coverage, which is highly recommended. Since penalties can be extremely high, we strongly recommend you purchase trip protection for the money you invest in such a trip.
INCLUDED IN TOUR PRICE
Accommodation is provided as described in each tour plan. Accommodation is usually in a shared twin-bed room with a supplementary charge for single occupancy. We offer a wide selection of accommodation from luxury boutique hotels to camping in the wilderness. You should note that, some of our nature & adventure trips include traveling to remote or undeveloped outstation destinations. Hotel accommodation of International tourist standard may not exist & facilities are rudimentary. Sleeping huts & tents are simple & often lack Western-style toilets or bathing facilities. In such places, tour participants will be provided with the best available facilities. As Sri Lanka is a tropical country, you should be aware that insects in the room are a common occurrence, especially during warm months. Booking through us is an implicit acceptance of these facts.
The package price may include meals as specified in each tour program. All included meal arrangements will be simple set menu meals, buffet or packaged lunch. Meals for Ayurveda packages will be traditional Sri Lankan meals. The menu will be recommended by your Ayurveda doctor based on your body constitution. Usually meat and alcohol is not served at exclusive Ayurveda resorts.
Sightseeing & landtour services
You will be generally provided private transportation in an air-conditioned saloon car or micro bus if your party is below 7 persons (your guide will be your driver). Generally the services of a separate Guide lecturer will be provided for groups of 8 persons and above (usually there will be a guide, a driver and a baggage assistant). Transport within National Parks or Nature reserves will generally be in safari vehicle and will depend on the terrain.
Following services are include in your tour price; transportation between the airports and hotels, baggage handling, sightseeing with English-speaking chauffeur-guides as mentioned in the itinerary and all entrance fees to attractions and activities as described in the itinerary. Transfers are not included when arriving or departing at the first destination gateway by means other than the scheduled flights, but can be arranged upon request at additional cost.
NOT INCLUDED IN TOUR PRICE
Airfare to and from Sri Lanka, Airport taxes, passport cost of visas or other documentation, inoculation and vaccination fees, insurances of all kinds, airport transfers (unless indicated in individual tour descriptions), laundry, liquor, beverage, meals not indicated in your itinerary, excess baggage charges, tips, personal or baggage insurance, telephone or communication charges, optional excursions, any changes to the itinerary while on tour or any item of a personal nature.
Children between 2 and 6 years are given a discount of 80 percent of the per person, adult rate, while children between 7 to 12 years old are given 70% discount of the per person adult rate on transfers, excursions, and package tours provided they share room with two adults.
CANCELLATION AND REFUNDS
Cancellation by you
All arrangements are inclusive. Cancellation must be in writing and sent by you or your representative who made the booking on your behalf. In event a group booking is cancelled by the tour leader (representative); each individual will be equally held liable for cancellation costs. Cancellations are timed from when we contact the supplier on your behalf. A delay is normal outside normal working hours.
No refund in full or in part will be given for unutilized services in the package(s) once you commence using the product or service. In general early check-out and no shows re not refunded.
Our published tours will be based on the general refund policy and may not exceed the maximum cancellation fee.
However, our general refund policy is not applicable for tailor-made tours where services are obtained from suppliers with stricter deposit and / or refund policies. In such instances cancellation refunds are determined on a case-by-case basis, and informed at time of reservation. Due to the special nature of preparing overseas travel logistics and payment, suppliers impose rigid cancellation fees; please be aware that ToursLanka has no control over such fees and cannot make any exceptions to these charges.
In the event of ‘No Show,’ you will be held responsible for payment computed at the equivalent for full length of stay. In general, early checkouts or no-shows are not refunded.
Cancellation by us
ToursLanka is committed to the highest ethical and professional standards to ensure your tour is a smooth and happy experience. But, please be aware we might have to cancel your tour to avert certain risks and dangers that may arise due to incidence of Force Majeure beyond our control (see clause below). In such an event we will alternately offer a comparable booking for your consideration. We cannot be held liable for any incidental expenses that you may incur during arrangements for a booking that is subsequently cancelled by us.
Due to the nature of some tours featured, changes may occur, without notice to the stated content or schedule of itineraries. Certain risks and dangers may arise beyond our control including, but not limited to war, terrorism, civil disturbance, pilferage, delays, severe weather, Acts of God, Acts of Government, accidents to or failure of machinery, equipment, vehicles, industrial disputes or local operational limitations beyond our control.
ToursLanka reserves the right to cancel the whole or any part of a tour at any time as a whole or any part of a tour at any time as a result of force majeure or for reasons outside ToursLanka's control, including but not limited to the failure of any third party to perform.
ToursLanka (USA) and Dream Vacations (Pvt) Ltd., shall not be liable for damages of any kind arising out of any failure or delay by ToursLanka in performing any or all of our obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control. ToursLanka (USA), and Dream Vacations (Pvt) Ltd., will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. It is understood you will take adequate travel insurance to cover any travel or medical eventualities.
To California purchases:
ToursLanka is a Registered Seller of Travel with the State of California. SOT # 2107260. Registration as a seller of travel does not constitute approval by the State of California.
This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000.
A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001.
This transaction is not covered by the TCRF if the passenger is located outside of California at the time of payment.
Purchase money disclosure
California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.
LINKS TO THIRD PARTIES
This web site may contain hyperlinks to web sites operated by parties other than ToursLanka,. The inclusion of hyperlinks to such web sites does not imply Dream Vacation's endorsement of such web sites nor any association with their operators. ToursLanka is not responsible for the contents of other web sites
Smoking is strictly prohibited in the vehicle & within Nature Reserves. However, regular comfort stops are made on traveling days during tour.
ToursLanka does not endorse any shops nor do we have any association with their operators. ToursLanka do not accept any responsibility for quality, value, reliability or authenticity of any goods that you may purchase while on tour, nor is ToursLanka liable in any way whatsoever for any arrangement you may make to post, courier, and freight or ship such purchases.
PHOTOGRAPHY, PHOTOGRAPHS & MAPS
ToursLanka reserves the right to take photographs during the operation of any program and to use resulting photographs for promotional purposes. If you or anyone in your group prefers that your images not be used, please notify your tour guide at the beginning of the program.
Photographs show places in geographic and historically significant areas, but are not necessarily included in the tour. Maps shown on the tour pages are for general information and may not accurately reflect actual routings.
You shall indemnify and keep ToursLanka indemnified against all claims, demands, actions, proceedings made or brought against ToursLanka arising from the use of this web site and/ or any breach of any term or condition by you.
RELATIONSHIP BETWEEN THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and ToursLanka as a result of this agreement or your use of this web site, brochure or any other accompanying promotional documentation.
SOFTWARE AND COPYRIGHT
All contents of this web site are copyright of © ToursLanka. ToursLanka retains all rights including, but not limiting to trademark rights, copyright and patent rights with respect to all software and underlying information or material available through this web site.
You are not to download, copy or otherwise export or re-export any software or underlying information or material available through this web site, except to the extent that such downloading or copying occurs in the course of using this web site in accordance with our written instructions or otherwise as expressly permitted in this agreement.
If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Any dispute arising out of, or relating to, any vacations offered shall be submitted to non-binding arbitration under the Federal Arbitration Act. To the extent that the Federal Arbitration Act either is inapplicable or held not to require arbitration of a particular claim or claims, California law pertaining to agreements to arbitrate shall apply and the arbitration shall be conducted under the terms of the California Code of Civil Procedure. Each party shall pay for its own costs, arbitration fees and attorneys' fees, if any.
Updated 08 Feb, 2013