TOURSLANKA TERMS AND CONDITIONS ——————————- ACCEPTANCE OF BOOKING CONDITIONS: Your booking contract is with Tourslanka Vacations (Pvt) Ltd, Colombo, Sri Lanka. 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 Vacations (Pvt) Ltd. Your use of this website 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 website 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 website REPRESENTATIONS & WARRANTIES You represent & warrant that:
- You are of sufficient legal age to use this website in accordance with all terms & conditions herein and to create binding legal obligations for you and any person, group of persons or entity you represent, for any liability you may incur as a result of the use of this website
- You are financially responsible for all uses of this website.
- All information supplied by you in using this website is true and accurate.
- You will not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
- You will not use this website to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
TOUR MEMBERSHIP 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 a 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 website 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 website 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. If you fail to accept our suggested alternative product or service by the specified deadline, we reserve the right to cancel our tentative booking of the same. 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. 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 over booking 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. 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 website, 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. DISCLAIMER Your use of this website, brochure or any other accompanying promotional documentation is at your sole risk. This website, 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 website, 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 website, 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 website and any software and hardware. Tourslanka neither warrants nor makes any representations regarding the accuracy or completeness of this website or of any of the data or information contained in this website or that of the use of this website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this website will be free of bugs, viruses, worms, trojan horses or other harmful components. The information contained in this website, brochure or any other accompanying promotional documentation is subject to change without notice. RESPONSIBILITY Tourslanka and all affiliates 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 INDIRECTLY BY ANY SERVICE PROVIDER OR OTHER CLAIM which may occur as the result of any and/or all of the following:
- 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;
- defects or failures of any vessel, aircraft, vehicle or other instrumentality which is under the control of an independent supplier; or
- 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 website, or the information, products and services obtained through this website, 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. ACKNOWLEDGEMENT 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. INSURANCE 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 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. Meals 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 generally included 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. Please read your itinerary carefully, as your contracted itinerary may not include all services listed above. 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. The tour price also does not cover costs and expenses, including the return to your home, if you leave the tour at your own volition, or due to illness, or as a consequence of official action by the government of any country visited. CHILD POLICY 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. A maximum of two children per party are granted such discounts. Children who require their own rooms are charged as 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 un-utilized 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 general refund policy is as follows; Number of days in advance cancellation notice received prior to commencement of tour or hotel stay
|After payment of deposit:
||Up to 100 per cent of deposit
|45- 30 days before commencement
||Up to 50 per cent of total cost
|29 – 7 days before commencement
||Up to 75 per cent of total cost
|Less than 6 days before commencement, including ‘no show’
||Up to 100 per cent of total cost