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TERMS AND CONDITIONS – Tropical Asia Tours

All services provided by Tropical Asia Tours (PVT) LTD (TAT) are subject to the following terms and conditions:

“Services” refers to any one or more of the following:

(a) Transport (b) Accommodation (c) Other tourist services.

Your booking.

Booking details must be completed personally by the traveler or by one person on behalf of a group who is deemed authorized by individual members (the “Client”) of the Group to contract on their behalf.

TAT will confirm the arrangements requested by the Client through web bookings as soon as reasonably possible upon receipt of the Booking details. Please note that for legal purpose, the contract comes into existence when a confirmation invoice has been issued by TAT for service rendered by TAT or on behalf of the relevant suppliers). Despite its best efforts, as services are obtained from third party suppliers, it may not be possible to confirm certain arrangements at once (e.g. when a hotel is only available on request). Where so specified the legal contract for the services concerned will be formed once TAT have specifically confirmed those services have been booked even if a previous interim confirmation has been issued.

The Client is responsible for checking the details of the confirmation invoice and should give immediate notice of any corrections thereto.

Your Contract.

This contract and all services provided by TAT are exclusively governed by Sri Lankan law.

The Client acknowledges that although the Contract is with TAT, unless otherwise specified, all services are provided by third party service provider (e.g., hotels, bus operations, tours) and that whilst every effort has been made by TAT to ensure that such services are safe, it is unable to accept responsibility for third party services out of its control. TAT contracts as named agent only.

The Client specifically acknowledges that all arrangements made by TAT for hotel accommodation, sightseeing tours and services, entertainment, transportation by air, railroad, motor bus, automobile, or boat, TAT acts only in the capacity of an agent for the domestic airlines, hotels, and other suppliers for the Services described in the tour arrangements.

 

 

 

 

In particular the Client acknowledges that because TAT maintains no management control over the personnel, equipment, or operations of these Services suppliers, TAT cannot assume responsibility for and be held liable for any personal injury, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of (1) any wrongful, negligent, or unauthorized acts or omissions on the part of any of the suppliers, (2) any wrongful, negligent, or unauthorized acts or omissions on the part of any employee of any of these suppliers, (3) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (4) any wrongful or negligent acts or omissions on the part of any other party not under the supervision and control, direct or otherwise, of TAT.

The relevant suppliers’ terms and conditions will be available on the relevant voucher or can be obtained from the supplier

Payment

Except where expressly specified by TAT in writing, payment in full for all Services will be processed upon confirmation of arrangements. In any event, notwithstanding anything to the contrary contained herein or in any other booking document TAT is under no obligation to provide any Services until payment in full has been received therefor as specified in the payment confirmation page or as instructed in the confirmation email prior commencement of the tour. TAT reserves the right to cancel the tour, and/or apply cancellation charges if payment is not made within the said period.

The cost of the Tour

The cost of Services may increase after confirmation if there have been increases in the costs at supplier level.

However, every effort shall be made by TAT to limit price increases only to increase transportation costs (e.g. fuel, scheduled airfares and any other domestic airline surcharge which are part of the contract between domestic airlines (and their agents) and the tour operator or organizer) or in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or because of adverse exchange rate variations after confirmation of the booking.

All increases in prices are payable by the dates stated in Clause 3 above or by the dates specified on the notice of increase, whichever is the later.

 

 

 

 

 

Amendments to the Itinerary by the Passenger

After confirmation, if the Client wishes to change the dates or nature of Services, an application to do so may be made on the TAT website and TAT shall endeavor to accommodate such changes at the least cost to the Client. The Client shall be responsible for all extra costs of such change.

No credits or refunds for unused services shall be given if the Client fails to avail him/herself of the confirmed tour arrangements.

Cancellation by the Passenger

Any Client may cancel the tour arrangements at any time via online channels or by using the same email address that was used for confirmation Written notification from the person who signed the booking form must be received by TAT for such cancellation. The Client would have been advised of the cancellation policy at the time of confirmation any cancellation changes may apply

Changes to the Itinerary by TAT

TAT reserve the right to make occasional changes at any time. Most of these changes may relate to flight timings and carriers. TAT undertakes to inform the Client at the earliest opportunity of such changes. TAT cannot under any circumstances accept any responsibility for any expenses or costs the Client may incur as a result of a change which its beyond its reasonable control.

Complaints.

If the Client has a complaint regarding hotel services the relevant supplier (e.g. the hotelier) should be informed immediately or as soon as possible (in any event no later than 24 hours) of the occurrence of the event giving rise to the complaint. If the supplier cannot resolve the complaint TAT must be informed in writing within forty-eight (48) hours with the original booking reference and all relevant information.

The Client acknowledges that problems can only be resolved if TAT and service providers are made aware immediately as and when they occur. TAT regrets that it cannot accept liability in relation to any complaint or claim which is not notified in accordance with this clause.

Any disputes arising between TAT and the passenger in respect of any complaints remaining unresolved for more than thirty (30) days shall be referred to arbitration by a single arbitrator in accordance with the ICC Rules for Arbitration. The Language of the Arbitration shall be English, and the place of Arbitration shall be Colombo, Sri Lanka.

TAT’s liability

TAT’s liability in all cases shall be limited to a maximum of the price of the particular service concerned (excluding insurance policies and amendment charges) of the person (s) affected in total.

Passengers Responsibility

The Client is responsible for consequences of illness and/or accidents and must pay possible expenses to doctors, hospitals, ambulances, and special transports. It is his/her responsibility to have adequate medical insurance for such eventualities.

TAT also recommends that Clients obtain travel insurance with full cancellation cover.

Clients shall be responsible for ensuring that all visa, immigration, and health requirements are fulfilled.

Clients hereby expressly acknowledge that all facilities, services made available and/or recommended by TAT and utilized by the Client shall be at the Client’s risk and that TAT shall not be responsible for any damage or injury to the Client in this regard unless caused by the negligence of TAT.

The Clients take responsibility for their own behavior and will reimburse TAT or its suppliers any damage caused by negligent or reckless behavior by the Client or due to circumstances within the Clients control.

Support Companies Worldwide

TAT is supported by certain affiliated companies who provide certain support services to TAT, including in some instances, limited customer care support (“Support Companies”). These Support Companies do not provide an online reservations service and they do not own, control, host, manage or maintain the TAT website (or any other website). TAT is domiciled only at its registered office in Sri Lanka and not at the offices of any Support Company around the world. The Support Companies are not authorized to act as TAT’s process or service agents, and customers will also not be able to make a reservation in or through any of these offices.

GENERAL

THE CONTENT IN THIS SITE MAY BE USED FOR LAWFUL PURPOSES ONLY. UNLESS OTHERWISE STATED HEREIN:

Permission is given to view, print, and use the content in this Site only for personal, noncommercial use, provided that no copyright, service trademark, or other proprietary notices which accompany any such content are copied, reproduced, deleted, altered or changed;

Content in this Site may not be copied, reproduced, transmitted, displayed, downloaded, uploaded, posted, distributed, rented, sub-licensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Tropical Asia Tour’s prior written consent.

Use of the content in this Site for any other purpose violates Tropical Asia Tour’s intellectual property rights; and

Nothing in this Site will be construed as conferring upon any user of this Site any license to any Tropical Asia Tours, or any third parties, intellectual property rights.

Disclaimers

Tropical Asia Tours makes commercially reasonable efforts to include accurate, complete, and current information on this Site. However, Tropical Asia Tours does not guarantee the correctness, accuracy, or reliability of any information contained herein.

CONTENT ON THIS SITE IS PROVIDED “AS IS”. TROPICAL ASIA TOURS DOES NOT REPRESENT OR WARRANT THAT:

ANY FUNCTIONS CONTAINED IN ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

ANY DEFECTS WILL BE CORRECTED; AND

THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Neither Tropical Asia Tours nor any party involved in creating, producing, or delivering this Site will be liable to any other party for any direct, indirect, special, or consequential damages arising out of any access to, use of, inability to use this Site or any other website linked to this Site, or any errors or omissions in the content thereof, including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment, or otherwise, even if Tropical Asia Tours is expressly advised of the possibility or likelihood of such damages.

Use of Information Submitted

Tropical Asia Tours uses commercially reasonable efforts to maintain control of this Site, utilizing current Internet technology. However, the e-mail facilities at this Site do not provide a means for completely secure and private communications. Your e-mail may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to Tropical Asia Tours. Thus, to protect your privacy, please do not use e-mail to communicate information to Tropical Asia Tours that you consider confidential. If you are concerned about maintaining confidentiality of information, you may contact Tropical Asia Tours instead via telephone at the numbers provided at various locations on this Site. You agree that any comments, suggestions, or other information sent to Tropical Asia Tours via this Site is provided without restriction or obligation on Tropical Asia Tours, and Tropical Asia Tours will be free to use such information on an unrestricted basis. You also agree:

 

  1. That information submitted is at your own risk.
  2. Tropical Asia Tours has no liability with respect to any unauthorized access by third parties.
  3. You are responsible for whatever material you submit; and

Tropical Asia Tours may also, in its sole discretion, use what is known as “cookie” technology. A “cookie” is a data element sent to your browser by a website when you link to that website. By assigning a unique data element to each visitor, the website is then able to recognize repeat users and track usage patterns to better serve visitors when they return to that website. The cookie does not extract personal information, and most browsers provide a simple procedure that enables users to control whether or not they want to receive cookies or notifies them when a website is about to deposit a cookie file.

Copyright and Service/Trademarks

This Site and its contents are protected by copyright, all rights reserved. All works of authorship contained at this Site, including, but not limited to, text, images, and their arrangement, are owned by Tropical Asia Tours (except as otherwise noted). Tropical Asia Tours, and other names appearing in a type form different from that of the surrounding text are service marks owned by or licensed to Tropical Asia Tours, its subsidiaries, or affiliates. Any other product name or company name mentioned in this Site may be a service/trademark of its owner. You may not reproduce, copy, or redistribute the design, layout, or individual elements of this Site design without the express written permission of Tropical Asia Tours.

Revisions

Tropical Asia Tours has no obligation to update any information or content on this Site, and information or content may be out of date at any given time. Tropical Asia Tours may also make improvements and/or changes in the information or content contained in this Site at any time without prior notice.

Links and Linking

Links to other websites are provided as Internet navigation tools only. These other websites contain information created, published, maintained, or otherwise posted by persons or entities independent of Tropical Asia Tours. Tropical Asia Tours does not control these websites; nor does it guarantee the content, accuracy, completeness, or timeliness of information on other websites. Linkage to other websites does not constitute or imply an endorsement, recommendation, or preference by Tropical Asia Tours. The owners/operators of these websites do not necessarily endorse Tropical Asia Tours products or services, nor are they responsible for the content of this Site. Tropical Asia Tours is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use of, reference to, or reliance on such information.

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