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TERMS & CONDITIONS
Access to and use of this website is conditional upon your acceptance of these terms and conditions. Please read the following terms and conditions closely before using our website. If you do not agree with any part of these terms and conditions, you must not use this website.
Any use of the www.exoticescapetours.com website, or written communication with Exotic Escape Tours, for the purposes of travel arrangements, confirms that you are aged 18 or over and that you have read and fully accept these terms and conditions. These terms and conditions are devised for the protection of all parties.
This website is owned and operated by Exotic Escape Tours (Pvt) Ltd. whose registered office is 37 Wellangaha Watta, Miriswatta, Piliyandala. P.O.Box 10300.Sri Lanka.
We deal with other suppliers in Sri Lanka in offering goods and services through our website. As such when reservations are made or goods or services are purchased through our website the individual terms and conditions of our suppliers (available on request) will apply in addition to the terms and conditions contained herein,
You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservations or purchases, in your being denied access to any hotels, in your forfeiting any monies paid for such reservations or purchases, and Exotic Escape Tours (Pvt) Ltd. debiting your account for any costs we incur as a result of such violation. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this website, and, without limitation, you will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent.
Nothing on this website constitutes an offer on our part. The matters detailed constitute an invitation to you to make an offer to us on the stated terms to purchase arrangements we feature. We may accept or decline any such offer. All arrangements featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.
Your reservation with respect to hotel reservations and ground arrangements made directly through our website, will be confirmed only on receipt of an online confirmation with your credit card details and the payment of, any requested deposit or the total amount in full and when the receipt of such payment is acknowledged by us. In certain instances an initial non-refundable deposit may be charged.
TERMS & CONDITIONS OF BOOKING YOUR HOLIDAY
When making a booking you must pay a deposit of €50 per person or 10% (whichever is the greater) of the total holiday cost. Payments may be made in Dollars U.S, Euro or Pounds Sterling. Bank transfers are accepted. An advance payment of 40% for Budget Tours and 60% for luxury tour total Bill is to be paid at the point of confirmations and the balance on arrival. The total payment could be made on arrival on prior arrangement. If you book within 2-4 weeks of departure you must pay the total price of the holiday at the time of booking. In certain circumstances, it may be necessary to make full payment for your accommodation at the time of booking, or soon after, in order to secure your reservation. If payment is not received in time, your travel arrangements will be cancelled and, in the case of the balance not being paid in time, your deposit will be retained.
Payments for deposits and final monies for Travel Arrangements may be made by bank transfer. If paid by bank transfer all additional charges and fees related to this will be borne by you.
CHANGES OR CANCELLATION OF CONFIRMED BOOKING BY YOU
Exceptionally, we may need to make alterations to your travel arrangements and we reserve the right to do so at any time. We will inform you of these changes as soon as is reasonably possible. If a major change becomes necessary, except where these changes are due to reasons of 'Force Majeure', you can either accept the change of arrangements or cancel your reservation and receive a full refund. We reserve the right to cancel your reservations and, in this event we will refund all moneys paid. If we have to cancel after the date the final balance of your holiday cost falls due, we will in addition pay you compensation as set out below subject to the following exemption. We cannot pay any compensation or accept liability where the cancellation is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
DAYS BEFORE DEPARTURE
More than 45 days Nil
35 to 45 days € 50.00
29 to 35 days €100.00
15 to 28 days €125.00
Less than 14 days €150.00
In the unlikely event of a delay to your flight, we do not accept any liability or claim for compensation. The welfare of clients during this time is the responsibility of the airline.
CHANGING YOUR BOOKING
If you want to change any detail of your booking, we will do our best to help but it may not always be possible. You will be charged an administration fee per person plus any extra cost we incur in making this alteration. Certain travel arrangements cannot be changed after a reservation has been made and any alteration will incur a 100% cancellation charge.
CANCELLATION OF CONFIRMED BOOKING BY YOU
After acceptance of the booking if you cancel your travel arrangements or do not pay the balance by the prescribed time, we reserve the right to cancel the booking and in such cases you will forfeit the deposit. In addition, if either event occurs within 45 days of departure, cancellation charges become payable by you. These charges are based on how many days before your booked departure we receive your cancellation and are calculated as a percentage of the total cost of your holiday. Cancellation of your travel arrangements must be made in writing. Cancellation charges made by our suppliers may be higher than the cost of the deposit and we reserve the right to pass such fees on to you. We will advise of such charges before cancellation. Cancellation policies differ according to each boutique property. 100% non-refundable cancellation fee will be charged accordingly.
DAYS BEFORE DEPARTURE
More than 45 days Loss of deposit
45 - 35 days 50% of cost of holiday
35 - 29 days 75% of cost of holiday
29 - 01 days 100% of cost of holiday
Compensation payment will not apply when changes are due to 'Force Majeure' i.e. acts of God, war or threat of war, riots, civil disturbances, political unrest, terrorist activity, industrial disputes, government action, natural or nuclear disasters, epidemics or health risks, fire, flood, drought, technical problems or closure of airports, cancellation of flights or change of scheduled airlines and similar events beyond our control.
We assume no responsibility for any loss, damage to baggage, property or for injury illness or death or for any damages or claims however so caused arising directly or indirectly from accidents, loss or damage to person or property, delays, transport failures, strikes, war, force majeure, Acts of God etc. or any other loss arising from or pursuant to Your Travel Arrangements.
We offer our clients customized packages of land and / or air services using various suppliers. The price of your tour is subject to surcharges on certain items including: Government action, currency, land and sea transportation fuel, aircraft fuel, over-flying or airport charges, and increases in airfares.
HEALTH, PASSPORTS AND VISAS
It is your responsibility to ensure that you and other members of your party obtain the right inoculations and medical advice before you travel. Similarly, it is your responsibility to ensure that you and other members of your party have correct and valid passports, visas and have conformed to all other requirements pertaining to your travel arrangements before the holiday commences.
Should you require assistance on this matter we will be pleased to make recommendations. We will not be held responsible for you travelling without the correct travel documents.
Every care is taken to ensure the accuracy of the information on our website. However, because copy is necessarily written some time in advance, advertised details, facilities, schedules and rates may occasionally be changed or cancelled. Changes may, therefore, be made to the particulars contained on our website at any time before the contract with you is made. We will notify you of such changes prior to confirmation of your booking.
We strongly recommended that you take out comprehensive travel insurance covering all members of your party. You may need to take out additional cover for activities such as scuba diving.
We will only accept liability for incidents that arise as a direct result of our proven negligence, or that of our suppliers, in respect of arrangements forming part of your holiday itinerary, in cases where all your holiday accommodation and transfers are arranged by us for the entire extent of your stay. This applies to illness, injury and/or death.
NOTE: WE DO NOT ACCEPT LIABILITY FOR THE NEGLIGENCE OF OUR SUPPLIERS IN ACCOMMODATION-ONLY BOOKINGS. IN ALL SUCH CASES WE ACT SOLELY AS A BOOKING AGENT AND ACCOMMODATION IS CHOSEN AT YOUR OWN RISK.
We act only as a co-ordinator in instances where only part of the holiday itinerary is arranged by us for all passengers (including You) with respect to services provided by certain underlying operators, including hotels, lodges, restaurants, road transport providers, professional guides, air charter services, boating, rafting, kayaking, bush walking, trekking and climbing activities. All bookings with Us are therefore subject to the limitations of liability imposed by the underlying operators/suppliers involved in Your Travel Arrangements. and Exotic Escape Tours (Pvt)Ltd. cannot be held responsible for the failure of any component of the holiday for which We do not have direct responsibility. This includes any difficulty in finding hotels if customers choose to book accommodation-only deals and arrange their own transport.
We accept responsibility for ensuring the holidays which you book with us are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard. We work with different operators and service providers for accommodation or other services and facilities which you will be using and changes may occur. On occasion especially during low season, certain facilities may not be open or available due to maintenance, weather conditions, power cuts, and lack of demand or for other reasons. In such circumstances we cannot be held responsible for advertised facilities being unavailable.
There may be instances where alternative accommodation or services may need to be provided, in such instances we will ensure this is of a similar or superior standard.
BREAKAGES AND DAMAGE
You will be responsible for any breakages, losses or damage caused by you or a member of your party during your stay in the accommodation. It is your responsibility to put right the damage or to make full payment to the supplier before departure and to indemnify us against any losses, damages or claims made against us.
You are responsible for compliance with all relevant regulations governing carriage by air or any other mode of transport and your stay during your holiday. If in the opinion of our suppliers/service providers and/or guide representative your behaviour is disruptive or causing distress, injury or danger to other clients, our staff or any other third party, your holiday may be terminated and we shall not be responsible for any costs or claims that are incurred.
If any of these Booking Conditions are invalid or unenforceable then subject to law, all other provisions of these Booking Conditions shall be and continue to be valid and enforceable.
When your booking is confirmed with us, a contract between Exotic Escape Tours (Pvt) Ltd. and / or you is constituted. That contract and these Booking Terms and Conditions shall be governed in all respects by the laws of Sri Lanka.
If you have a complaint about your holiday, you must inform our Tour managers, Guides, Rangers or call us on relevant numbers given and the relevant supplier (e.g. hotel) immediately who will do their best to put things right. If your complaint is not resolved locally, you must follow it up by writing to us within 28 days of your return.
EXCLUSION OF LIABILITY
Exotic Escape Tours (Pvt) Ltd. does not guarantee that all information available is free from errors or omissions but we will use all reasonable endeavors to correct any errors or omissions once notified of them. Our opinions are our own. Whilst we rigorously strive for accuracy, these opinions are necessarily subjective to some degree.
All recommendations, opinions expressed and prices regarding properties and/or destinations displayed are provided for guidance only. You agree as the user that the use of, or reliance upon, any of the content of the Exotic Escape Tours website, and in particular any content recommending any hotel, product or service, is done entirely at your risk. (Including content in subsequent itinerary documents sent to you)
Our website contains links to websites operated by parties other than Exotic Escape Tours (Pvt) Ltd. Those links are provided to you for your reference and convenience only. We do not own or control the content of those websites and are not responsible for their content or your use of them. We have endeavored to portray and describe each hotel and/or service as best we can and also to provide the most up to date information through our website and other communications with you to the best of our knowledge.
We cannot be held liable for any discrepancies or differences that might arise between the content of our website (text, images etc), any communication sent to you (via email, fax etc) and the actual property you are accommodated at or the service you are extended.
INFORMATION PROVIDED BY YOU
All information provided by you should be true and accurate. We will treat it confidentially and not forward it to any third party. We have a strict anti-fraud policy and take responsible steps to protect personal information such as credit card details.
You agree to defend and indemnify Exotic Escape Tours (Pvt)Ltd. and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: (i) you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of (a) your breach of this agreement or the documents referenced herein, (b) your violation of any law or the rights of a third party, or (c) your use of this website.
You communicate with us electronically whenever you visit our website or send emails to us. You consent to receive communications from us electronically and by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.
Exotic Escape Tours (Pvt) Ltd. makes no representations or warranties, and hereby excludes all warranties, expressed or implied, as to the quality, accuracy, feasibility or credibility of the content of the Exotic Escape Tours website or of any goods or services offered on the site. Moreover Exotic Escape Tours (Pvt) Ltd. accepts no liability for any virus or any other type of electronic infection that may be transferred through the site. Under no circumstance will we be liable for any loss or damage caused by a user's reliance on information obtained through this site.
We do not take responsibility for consumer comments made in interactive areas of the website, but we do reserve the right to moderate them to comply with Sri Lankan law.
The copyright and all other Intellectual Property rights in all of the material on this website are owned by Exotic Escape Tours (Pvt) Ltd. Copying of any part for commercial or business use is strictly prohibited.
GOVERNING LAW AND JURISDICTION
These terms and conditions are subject to the Laws of Sri Lanka.