booking terms and conditions and KEY RIGHTS

Your contract is with Duwa Management Pvt Ltd, Duwa Villas, Thalduwa, Henewatta, Ahangama, 80650 Trading as NIRBANA, and is governed under Sri Lankan Law. These booking conditions set out the conditions of the contract between you and Duwa Management Pvt Ltd and our contractual commitments to each other. Please read them carefully, copy and keep them with your travel documents.

Definitions

(a) References within the Booking Conditions to “Arrival Dates” means the date the services we have agreed to provide commence. (b) The references to “you” and “your” means the persons named in the booking (including any person or persons added or substituted subsequently). (c) “We” “Us” and “Our” means Duwa Management Pvt Ltd. (d) References to “arrangements”, “travel arrangements” or “holiday” mean the services we have agreed to provide to or provide you with under your booking with us.

1 Your Holiday Contract

1.1 When you make your booking you agree that you have authority to accept and do accept on behalf of yourself and each person named in your booking, the terms of these Booking Conditions. The person making the booking (“the party leader”) must be at least 18 years of age and authorised to do so by all persons named in the booking and the parent or guardian of all party members under the age of 18 years when the booking is made.

1.2 The party leader is responsible for making all payments due to us under the booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.

1.3 A contract will exist as soon as we issue a booking confirmation invoice to the party leader. The contract is made in terms of the booking conditions, which are governed by Sri Lankan law and the jurisdiction of the Sri Lankan Courts.

1.4 Once you have received your booking confirmation invoice please check this carefully together with all other documents, we have sent to you. If any of the information contained within any of these documents is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make later changes to it.

We cannot accept any liability if we are not notified of any inaccuracies within 7 days of the issue of the booking confirmation invoice to you.

1.5 We reserve the right to refuse to accept bookings at our absolute discretion without stating the reason for doing so.

1.6 If you booked via an agent, affiliate, or independent sales representative it’s the traveller’s (your) responsibility to confirm that you have paid the funds in full before you arrive and travel. All bookings from Nirbana will only be confirmed in full when the total sum has been received or an agreement that a 50% deposit has been paid and the remaining 50% balance will be paid on arrival to Nirbana. If you have not received this, contact the agent and email [email protected]

2 Special Requests

If you have a special request, please advise us or your travel agent at the time of booking.  We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part.  Confirmation that a request has been noted will be included on your booking confirmation invoice or upon the acknowledgment of booking. We are unable to accept bookings that are conditional upon a special request being met and these will be treated by us as a standard booking.

3 Deposits 

A deposit of 50% of the cost of your trip or such other deposit may be notified to you at the time of your booking request or full payment if it is within 30 days of departure.  All prices shown are per person or for a group booking.  The balance of the price of your travel arrangements must be paid 4 weeks before your arrival date.  If the deposit and/or balance is not paid in time we shall cancel your travel arrangements.  If the balance is not paid in time, we shall retain the deposit. 

4 If You Change Your Booking

4.1 If, after we have issued a booking confirmation invoice to you, you wish to change your travel arrangements, we will do our best to make these changes, although it may not always be possible to do so.  Your request to change your booking must be made in writing by the party leader.  You will be asked to pay an administration charge of $25 and any further costs we may incur in making this alteration.  When changing your travel arrangements, the price will be based on the price applied on the date you make the change.  The price may not be the same as when you first made your booking. 

4.2 If you or any member of your party is prevented from travelling, that person may transfer their place to someone else subject to the following conditions:

• That person is introduced by you and satisfies each and all of the conditions applicable to the booked travel arrangement
• We are notified in writing of the request for transfer not later than 7 days before departure
• You pay the outstanding balance payment, and the amendment fee of $50.00 per person transferring, as well as any additional fees, charges, and other costs arising from the transferee
• The transferee agrees to these booking conditions and all of the terms of the contract between us.

4.3 You and the transferee will remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, the cancellation charges set out in clause 5.1 will apply in order to cover our estimated costs.  Otherwise, no refunds will be given to passengers not travelling or for any unused service. 

4.4 Any discount you received when you made your original booking may be altered or reduced when changes are made if this discount had subsequently been altered, reduced, or withdrawn. 

4.5 If you have paid accommodation supplements and the number of people in your accommodation changes you may have to pay extra. 

4.6  Any changes to your arrival date, transportation, destination, accommodation, or length of travel must apply to all members of your booking. Any early arrivals or late departures will be billed separately at the discretion of the Management Company.

4.7  Travel Insurance is mandatory, and it may not be possible to change or cancel this and as such, any premium cannot be refunded.

5 If You Cancel Your Booking

5.1 If you, or any member of your party, cancel your travel arrangements at any time, written notification from the person who made the booking must be received by us at our registered office or by email at [email protected]. Since we incur costs in canceling your travel arrangements, the following cancellation charges will be payable by you.  The cancellation charge is a percentage calculated on the basis of the total costs payable by the person canceling not refundable in the event of cancellation.

5.2 You have the right to cancel your travel arrangement before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your destination or its immediate vicinity and which significantly affects the performance of the travel arrangement or which significantly affects transport arrangements to the destination.  In these circumstances, we shall provide you with a full refund of the monies you have paid to date but we will not be liable to pay you any compensation.

5.3 For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes, or weather conditions which make it impossible to travel safely to your destination.

6  If We Change or Cancel Your Booking

6.1 Once your booking has been confirmed we will make every effort to provide you with the booked travel arrangement. Occasionally, it may be necessary to amend part of your booking. We will notify you of any alteration as soon as we reasonably can.

6.2 Independent travel arrangements (eg, flights, airport parking, car hire, etc) that you may arrange separately do not form part of our contract with you.  Should we need to amend your travel arrangements, we will not be liable for any amendment or any cancellation charges incurred by you in respect of any such independent travel arrangements.

6.3 If, before the start of your trip, we are constrained by circumstances beyond our control to significantly alter any of the main characteristics to your arrangement, we will offer you the choice of either (a) accepting the changed arrangements (b) accepting an offer for an alternative arrangement with comparable facilities from us, if available (we will refund you any price difference if the alternative is of a lower value) or (c) cancel your booking completely in which case we will refund you all monies paid by you. Please note that the above options are not available where any change made is a minor one.  A significant change may include a change of accommodation to that of a lower category and/or price.

You are required to advise us within 7 days of being notified of a significant change whether you wish to: (a) accept a proposed change or (b) cancel your booking and receive a refund. If you have not notified us within 7 days, we will write to you again to obtain confirmation of your choice of the options above. If you fail to respond within a further 7 days, we will cancel your booking and refund all payments made by or on behalf of you.

6.4 Please note that the options referred to at 6.3 above do not apply to any minor amendments made by us.

7  Events Beyond Our Control

7.1 Please note that compensation will not be payable and we will accept no liability beyond offering you the options above where: (a) we are constrained to make a significant change or cancel your booking as a result of unusual and unforeseeable circumstances beyond our control.  These circumstances will usually include but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure flying rights, natural and nuclear disaster, fire, epidemics, health risks and pandemics and unavoidable and unforeseeable technical problems with transport reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events; or (b) we are constrained to cancel your booking because the minimum numbers of booking required have not been reached and we have notified you within the time periods specified at section (9) of these booking conditions; or (c) we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or (d) we make a significant change or cancel your arrangements more than 14 weeks before departure; or (e) where the change or cancellation by us arises out of alterations to the confirmed booking request by you.

8 Post Departure Changes 

8.1 A change of accommodation to an equivalent or higher standard is also not regarded as significant nor are alterations to your itinerary which do not materially affect your trip.

9 Our Liability to You

9.1  We agree to perform and provide the travel arrangements with ourselves and any third-party suppliers, which make up your booking with reasonable skill and care.  We will not be liable for any failure in the performance of the contract with you if this is due to: –

• a) The fault of yourself and/or another member of your party;
• b) A third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable;
• c) Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care and been exercised;
• d) An event which neither we nor our suppliers, even with all due care, could have foreseen or forestalled.

9.2 We will not accept responsibility for any services which do not form part of your contract with us.  These may include any third-party excursions purchased during the course of your trip.

10 Passport, Visa, Documentation, Immigration and Health Requirements

10.1 The passport and visa requirements of yourself and your party, together with any other immigration requirements, are your responsibility and you should check these with the relevant embassies and/or consulates prior to travel.  We do not accept any responsibility if you cannot travel if you have not complied with the relevant requirements in force prior to and at the time of travel.

10.2 It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in receipt of all and any necessary vaccination certificates and other health documentation.  The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your travel arrangements are affected as a result of the failure to do so by yourself or any member of your party.

10.3 You must provide us with full details of any existing medical condition or disability that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of your booking.  If in our reasonable opinion your chosen travel arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all the assistance you may reasonably require, we have the right to refuse to accept the booking.  If you do not give us full details of your medical problem or disability, we can also cancel the booking when we find out full details if in our reasonable opinion, the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required.  If we cancel your booking as a result of this, the cancellation charges set out in Clause 5.1 above will apply.

11 Health & Fitness

11.1     Activities within our travel arrangements may require a certain degree of physical fitness.  It is your responsibility to ensure that you have the levels of fitness required for any activity you choose to participate in.  If you are in any doubt, please consult your GP before departure.  We, and those retained by us, to supervise any activities, retain the discretion at any time to decline to allow you to participate in any activity if we reasonably believe that in the interests of your health, you should not do so.  In such circumstances, we shall not be liable for any losses or compensation arising.

12 Insurance

12.1  It is mandatory to have the suitable insurance for all your needs before you travel and it is a condition of this contract that you or members of your party do so.  We cannot be held responsible for any costs you may incur as a result of failing to do so.

12.2 You must provide us with the name of your insurer, policy number, and 24-hour emergency helpline number before you travel.

12.3  If you take part in activities whilst travelling that have been organised and arranged independently of us, participation is at your own risk and it is your responsibility to ensure that you have obtained the relevant insurance.

13 Your Responsibilities and Behavior

13.1  As part of your booking with us, you are accepting liability for any loss or damage caused by you or any member of your party during the course of your trip.  Payment for any loss or damage must be made to us or our supplier at the time that it occurs or as soon as is reasonably practicable thereafter.  If the cost of the loss or damage is not known at the time, we will reasonably estimate it and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you.  You will also be responsible for and agree to indemnify us in respect of any claim subsequently made against us and all costs incurred by us (including our own and any other party’s full legal costs) arising from your actions.

13.2  You are also responsible for the behavior of yourself and other members of your party.  We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your travel arrangements if yours or their behavior is or is likely to be, in our reasonable opinion or in the reasonable opinion of our suppliers, disruptive, upsetting or dangerous to yourself or anyone else, or if you or any member of your party have caused or are likely to cause damage to property.  In these circumstances, we will not pay any refund, compensation or another sum whatsoever or any costs or expenses incurred by you if we have to terminate your travel arrangements due to such unacceptable behavior.  In this situation, we will have no further responsibility for you or any other member of your party (including any return travel arrangements).  If your unacceptable behavior means that you are not able to travel, we will treat your booking as cancelled from that moment and you will have to pay the full cancellation charges referred to in Clause 5.1 above.

14 Excursions and Activities and Resort Information

Excursions, tours or other activities that you book or pay for with an outside operator whilst during your trip do not form part of the travel arrangements provided by us.  Your contract will be with the operator or provider of that excursion, tour, or activity and not with us.  We are not responsible for the provision of the excursion, tour, or activity, or anything that may happen during the course of its provision by the operator.  We do not accept any liability in relation to any such excursions, tours or activity, and these Booking Conditions do not apply to them.

15 Local Charges & Tourist Taxes

Unless we have stated that a local service or facility is included or free in our accommodation description, you may be asked to pay a charge locally, for example, local tourist tax, room services, snacks, drinks, etc.  Tourist taxes may be payable by you when you check out of your accommodation.

16 Local Health & Safety Standards

You should be aware that it is the standards and health & safety requirements of the country in which the services make up your provided travel arrangements and not those of any other country other than Sri Lanka.  

17 Our Website, Brochure, and Advertising

The information contained in our website, brochures and advertising material is our responsibility and to the best of our knowledge and belief, it is correct at the time of publication.  Occasionally errors may occur and information may change and you must, therefore, check all the details of your travel arrangements at the time of booking.

18 If You Have A Complaint

In the unlikely event that you have cause to complain during the course of your travel arrangements with us, you must bring it to our attention immediately.  If your complaint is not resolved then you must repeat your complaint in writing within 28 days of the end of your travel arrangements with us by writing to us at our Registered Office or emailing us at [email protected].  You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint.  Any complaints which do not involve death, personal injury, or illness and which are not made in accordance with this procedure we are unable to accept liability.  

19 Data Protection

In order to process your booking and to make sure that your travel arrangements run smoothly, we need to pass the information which you provide on to relevant suppliers such as transfer companies, hotels, etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. However, we will not pass your information on to any person who is not responsible for part of your travel arrangements. If we cannot pass your information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, you consent to your information being passed on to them.  Your data controller is Duwa Management Pvt Ltd. You are entitled to a copy of your information held by us and if you would like to see this, please ask us.  It may be necessary to make an administration charge for providing this to you.