Holidays by Design - Terms & Conditions


1. CONTRACTING PARTIES:

These Terms and Conditions are legally binding between the traveler (s) and Holidays by Design (Pvt). LTD herein after referred to as HBD.

2. ACCEPTANCE OF TERMS & CONDITIONS:

Acceptance of a quotation from HBD constitutes acceptance of these Terms and Conditions which take effect on arrival in to Sri Lanka.

3. ACCOMMODATION:

All accommodation, room type(s) and specification are as shown in the itinerary.

4. MEALS:

Meals are as shown in the itinerary.

5. TRANSFERS:

Transfers are provided from airport to hotel and return only, unless stated otherwise.

6. ITINERARY:

Accommodation and arranged sightseeing maybe subject to change at any time due to circumstances beyond HBD’s control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued. HBD also reserves the right to withdraw a tour or any part of it, to make such alterations to the itinerary or the tour inclusions as it deems necessary or desirable, and to pass on to tour members any expenditures or losses caused by delays or events beyond its control. In case of any appreciable variation in the tour price due to these circumstances, HBD reserves the right to make adjustments to the tour costs as necessary.

7. SPECIAL REQUESTS:

Specific requests should be advised at the time of booking. Please note that every effort will be made to secure special requests, however they cannot be guaranteed.

8. TRANSPORTATION:

Transportation will be as specified in the itinerary.

9. BAGGAGE:

HBD provides handling of baggage only as specified in the quotation / itinerary. Baggage and personal effects are at the owner’s risk throughout the tour and HBD assumes no liability for loss or damaged baggage. Baggage insurance is hereby recommended.

10. TAXES AND GRATUITIES:

Hotel taxes as imposed by city and state governments are included. Airport taxes are included where specified in the itinerary. Gratuities for tour guides, drivers, porters, camp staff, ship crew and Tour Managers are not included and are at the discretion of the traveler.

11. PRICES & ARRANGEMENTS:

The tour price includes handling and operational charges and is quoted based on the current rates of exchange and tariffs. Entrance fees as part of scheduled sightseeing tours are also included in this price unless otherwise stated. This price is subject to revision in line with significant changes in foreign currency, tariff rates, taxes etc.

12. EXCLUSIONS:

The cost of obtaining passports, visas, excess baggage charges, items of a personal nature such as drinks, laundry, telephone calls, fax charges and excess baggage charges unless expressly included in writing, are not included in the tour price.

13. PHOTOGRAPHY:

HBD reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. Travelers who prefer their images not be used are requested to keep the HBD representative duly informed prior to final payment and they will be exempted from this photography waiver clause.

14. REGISTRATION:

A non-refundable deposit of 10% is required at the time of booking for individual / FIT travelers. The balance is payable 30 days prior to arrival. If the reservation is made within 30 days of departure, the entire tour price must be paid at the time of confirmation.

15. PAYMENT METHOD:

Payments may be made by the following methods:
1. Credit card 2. Cheque 3. Bank transfer

HBD cannot guarantee that all payment methods will be accepted. In this event, a suitable payment method will be advised.

  • • 15.1 For payment by credit card: HBD reserve the right to charge a service fee of up to 2.5%.
  • • 15.2 The following account details for bank transfers:
  • Account Name:
    Holidays by Design (Pvt). LTD

    Account Number:
    001162000112 (USD)
    001001018178 (LKR)

    Name of Bank:
    DFCC Vardhana Bank

    Bank Address:
    | Head Office | No 73 | W.A.D. Ramanayake Mawatha |Colombo 02 | Sri Lanka |

    SWIFT CODE
    DFCCLKLX

  • • 15.3 Payment by bank transfer: confirmation by fax or email of the date payment made.
  • • 15.4 Travelers are liable for all bank and related transaction charges.
  • 16. CANCELLATION:

    All cancellations must be received in writing.

    • • 16.1.1 Cancellations received between the date of booking and 43 days prior to departure will result in loss of the deposit only.
    • • 16.1.2 Cancellations received 42 - 36 days prior to departure will be subject to a cancellation charge of 25% of the tour cost.
    • • 16.1.3 Cancellations received 35 - 29 days prior to departure will be subject to a cancellation charge of 50%of the tour cost.
    • • 16.1.4 Cancellations received 28 - 15 days prior to departure will be subject to a cancellation charge of 75% of the tour cost.
    • • 16.1.5 Cancellations received 14 days or less prior to departure will be subject to a forfeiture of the entire tour cost.
  • 16.2 The purchase of special event tickets are subject to the refund policy of each individual event. Please refer to the specific event policy for details.

    16.3 HBD reserve the right to charge for financial penalties, fees and losses incurred as a result of cancellation.

    17. CLAIMS AND REFUNDS:

    Refunds are not made for any services not delivered/performed, except for verifiable extenuating circumstances when on tour. Please see our LIMITS ON HOLIDAYS BY DESIGN’s RESPONSIBILITY clause below. For verifiable claims to be considered, they must be received in writing within a reasonable time frame before the termination of the program. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. HBD is not liable for any claims that are not received within 30 days of the termination of your program. All claims for days missed while travelling should be made in writing within 30 days of the program.

    18. LIMITS ON HOLIDAYS BY DESIGN RESPONSIBILITY:

    Holidays by Design (Pvt).LTD (collectively HBD) its employees, shareholders, officers, directors, successors, agents and assigns, does not own or operate any entity which is to or does provide goods or services for your trip with the exception of a limited number of vehicles. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers and operators with a reputed service name in Sri Lanka. All such persons and entities are independent contractors. As a result, HBD is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, HBD is not responsible for any personal injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection to the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, other labor force related activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transport mechanism to arrive or depart on time. There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Passenger assumes all such risks associated with participating in this trip.

  • • 18.1 In the event of a cancellation or material alteration to the trip as a result of the circumstances as described in this clause HBD may in their sole and absolute discretion:

    • A) Offer the traveler(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances; or
    • B) If alternative travel arrangements or products cannot be offered by HBD, HBD will make a prompt proportional refund of monies paid by the traveler.
  • • 18.2 HBD is authorized to charge a reasonable fee to cover the administration costs associated with providing alternative travel arrangements or products.
  • • 18.3 If a material alteration becomes necessary within 90 days of the departure date for any reason other than the circumstances described in this clause, HBD will endeavor to offer comparable products or a full refund of all monies paid by the traveler(s).
  • 19. HEALTH PRECAUTIONS:

    Please ensure that you consult your personal physician about anti malaria precautions and other inoculations and vaccinations before travel. Where applicable.

    20. TRAVEL ADVISORIES/WARNINGS:

    It is the responsibility of travelers to be informed about the most current travel advisories and warnings by referring to their respective government agencies announcements. In the event of an active State Department or government agency Travel Warning against travel to specific destination location(s) of the trip, should the traveler still choose to travel, notwithstanding any travel advisory or warning, the traveler assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

    21. TRAVELERS’ REPRESENTATIONS:

    Traveler(s) represent(s) that neither he nor anyone traveling with him has any physical condition or disability that could create a hazard to himself or other members of the tour. HBD reserves the right to remove from the trip, at the sole expense of the traveler, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.

    22. AIR TRANSPORTATION:

    Airline operators will not to be held responsible for any act, omission or event occurring while passengers are not on board their aircraft. International air carriers are also subject to international air conventions limiting their liability.

    23. PASSPORT & VISAS:

    Please note that passport holders are responsible for obtaining the required documentation applicable for entry to Sri Lanka. Please note also that passports must be valid for six (6) months before departure and should also have sufficient blank pages for visas and immigrations stamps (if required). HBD cannot be held responsible should you be denied entry to a country / entry port due to non-compliance with these requirements. Please visit http://www.eta.gov.lk/slvisa/

    24. TRAVEL INSURANCE:

    HBD strongly recommend all clients take out comprehensive travel insurance prior to date of travel. This insurance should cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability and travel document insurance. HBD cannot be held responsible for any costs arising from such loss or injury.

    25. ARBITRATION AGREEMENT:

    Any claim arising out of or relating to these Terms and Conditions, to the Limits on HBD Responsibility clause, to the brochure, to any information relating in any way to the trip itself or to any products or services related to the trip, shall be settled in the first instance by binding arbitration in the applicable legal forum as detailed in clause 26 of these Terms and Conditions. In lieu of a personal appearance at arbitration the arbitration may be conducted by telephonic means. Arbitration is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.

    26. APPLICABLE LAW AND FORUM:

    This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of Sri Lanka. It is agreed between HBD and the traveler(s) that all lawsuits against HBD arising under, in connection with, or incidental to the tour shall be filed, if at all, in the courts of Sri Lanka to the exclusion of the courts.