Terms and Conditions

TERMS AND CONDITIONS

‘Sri Lankan Dreams’ and ‘SriLankanDreams.com’ are trading names for Melon Kugar Ltd (the ‘Company’), which is registered in England under the company number 07544632. The following conditions form part of your contract with the Company.

Where a third party or other Tour Operator is used, their Terms and Conditions super cede the ones set out below and the client is bound by those.

 

BOOKING YOUR HOLIDAY

  • To secure your booking, you should pay a minimum of 25% per person. If you are booking within 8 weeks of departure then the full amount is due.
  • A contract will exist as we issue a Confirmation Invoice. This contract is made under the terms of these booking conditions which are governed by English Law and both parties agree to submit to the jurisdiction of the English Court at all times. If for any reason the company does not accept your booking, your deposit will be returned.
  • Special requests should be made in writing. The company will try and meet all requests but cannot guarantee them. The Company will not be liable for any special requests not met. Special requests will not be deemed to be part of the conditions of contract, nor will they be implied terms.
  • All correspondence and other communications will be sent to the first person named on the booking form unless otherwise specified.
  • The balance is due 8 weeks before departure.
  • Payment is to be made via bank transfer. Bank account details will be provided in the Confirmation Invoice or via e-mail upon your confirmation of the booking.
  • 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.
  • In the event of ‘No Show’ the tour participant will be held responsible for payment computed at the equivalent for full length of stay.

 

SPECIAL REQUIREMENTS

  •  You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before we arrange your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to relevant parties in good time. We are not in any circumstances liable if any carrier refuses to accept you or any member of your party as a passenger as a result of any medical condition or disability.
  • If you have any special requirements (dietary or otherwise) you must inform us of these. As stated above, the company will try and meet all requests but cannot guarantee them. The Company will not be liable for any special requests not met. Special requests will not be deemed to be part of the conditions of contract, nor will they be implied terms.

AMENDMENTS AND CANCELLATIONS

  1. Amendments by you – The Company will make every effort to assist you if you wish to alter your arrangements. Requests for an amendment must be in writing via e-mail. You must pay an amendment charge of £50 per booking, together with all communication charges or other expenses incurred by the Company. These charges will be payable whether or not the Company succeeds in confirming your requested amendment. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in paragraph (b) below will apply dependent upon the conditions imposed by our suppliers. If you are unavoidably prevented from taking your holiday, by reason of, for example, illness, jury service, redundancy, unavoidable work commitments or the death or serious illness of a close family member, it may be possible to transfer your booking to a person acceptable to the Company (but it should be noted that some suppliers consider any change of name as a cancellation, thereby attracting cancellation fees of up to the full value of the service) provided that:
    1. if you request the transfer in writing allow reasonable time for the changes to be communicated to, and accepted by, suppliers.
    2. your request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers received from the Company, full details of the person who will replace you, any balance due for the booking and the appropriate administration fee (see below).
    3. your replacement agrees to be bound by these booking conditions. The administration fee will be £50 per person. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to the Company for payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your holiday charges. Please note that airlines in particular sometimes charge a 100% cancellation fee and the cost of a new ticket.
  2. Cancellation by you
    All cancellations must be advised in writing, signed by the payee and sent via e-mail to info@srilankandreams.com. Cancellations are effective on the day they are received by the Company. Recorded delivery is strongly recommended. The following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.Cancellation ChargesNumber of days left before your due date of departure from the date on which we receive you authority to arrange your holiday Cancellation Charge expressed as a percentage of the total holiday price.

    • If cancelled 31 days or more prior to arrival – no charge – any payments made prior to this date will be reimbursed (less any bank charges)
    • If cancelled between15 to 30 days (inclusive) prior to arrival – 30% of the total booking value will be charge
    • If cancelled between 8 to 15 days prior to arrival – 75% of the total booking value will be charge
    • If cancelled less than 8 days prior to arrival – 100% of the total booking value will be charge

    Please note that there are special conditions attached to certain hotels. These are made clear on the booking confirmation at the time of booking.

  3. Re-booking following a cancellation
    Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. The Company may use their absolute discretion however to transfer some or all of any monies already paid by you to the alternative booking. If the alternative booking requires a greater deposit than has already been paid then the balance between what is required as a deposit and any deposits already paid becomes due.
  4. Amendments by the Company
    Great care is taken to ensure that the descriptions and prices given for each booking are accurate at the time of booking . Changes can occur, though, and the Company reserves the right to change any of the details, including prices, in which case the Company will advise you of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays as advertised. In very rare circumstances, the Company may have to modify a holiday before you depart. If the modification is significant (that is, if it is a change of destination or a change to a lower standard of accommodation), the Company will notify you as soon as practicably possible and offer you two choices. You may accept the modification, you may change your booking to another available holiday or you may cancel and receive a full and prompt refund. If you choose another holiday which is more expensive you must pay the difference, but if it is cheaper, the Company will make the appropriate refund. If you cancel and receive a full refund following a significant modification made for any reason other than force majeure or low bookings you will receive the following compensation, calculated according to the number of days prior to departure that you are notified of the change.Days prior to Departure Date Compensation when Notification of Change is sent Per Person

    • More than 42 days £10
    • 29 – 42 days prior £20
    • 15 – 28 days prior £25
    • 0 – 14 days prior £30

    FORCE MAJEURE

    Force majeure means unusual and unforeseeable circumstances beyond the Company’s control, the consequence of which neither the Company nor its suppliers could avoid, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity, (actual or threatened), industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers. If there is a minor modification before you depart (that is, any change not included in the definition of a significant modification set out above), the Company will try to notify you, although it is not obliged to do so, nor is it obliged to pay any compensation. If the Company becomes unable to provide a significant proportion of your holiday after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and given a pro-rata refund for ground arrangements not received.

    The Company reserves the right to cancel the whole or any part of a tour at any time as a whole or any part of a tour at any time as a result of force majeure or for reasons outside the Company’s control, including but not limited to the failure of any third party to perform.

    The Company shall not be liable for damages of any kind arising out of any failure or delay by the Company in performing any or all of our obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control.

  5. Cancellation by the CompanyIf you fail to pay the balance of the holiday price at least 8 weeks (56 days) before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in paragraph 2(b) above. If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavours to offer alternative arrangements of a comparable standard or will give you a full and prompt refund. In addition, unless the cancellation has been caused by force majeure or low bookings, the Company will pay you compensation as set out in these terms and conditions.

TRANSFERS

 Where you or any member of your party is prevented from traveling for any reason (including death, illness or jury service), where possible, we will transfer your arrangements to any other person satisfying all the requirements relating to your holiday notified to us by you in writing a reasonable time prior to your due date of departure.

 OTHER CHANGES

 If you wish to make any other change to your arrangements at any time after confirmation has been issued, we will meet your request, only so far as is possible. We require your authority in writing before we can make any change. In the event that any change is requested in relation to a group booking we require the authority in writing of the Lead Name before we can make the change.

 ADMINISTRATION FEE

 In each of the above circumstances, an administration charge of £50 per person will be payable. This charge is non-refundable and will be in addition to any penalties charged by the Tour Operator. In the event that the Tour Operator makes changes to or cancels the arrangements, we shall send notification to you as soon as possible. We reserve the right to make any necessary changes to your holiday arrangements

PRICE POLICY

  1. All prices are based upon exchange rates to the US$ or £ as dictated on the day of booking.
  2. The Company is under no obligation to give a breakdown of the costs involved in a holiday.
  3. The Company reserves the right to notify you of an increase in the itinerary or advertised price before accepting your booking.
  4. After a Confirmation Invoice has been issued, the price of your holiday is, regrettably, subject to the possibility of surcharges in certain limited circumstances. However, a surcharge will only be levied solely to allow for variations in transportation costs, including costs of fuel, increases in normal published airfares, taxes or fees chargeable for services such as landing taxes at airports, the exchange rate applied to the particular package or if the UK or overseas government or regulatory body introduce or increase taxes. Even then, the Company will absorb an amount equal to 2% of your holiday price (excluding insurance premiums and amendment charges) before passing on any surcharge to you. Only amounts in excess of this 2% will be surcharged. Surcharges will be notified by a revised Confirmation Invoice sent to you (or your travel agent).
  5. If a surcharge would increase the total holiday price shown on your original Confirmation Invoice by 10% or more, you may cancel your booking within 14 days of the date of issue of the revised Invoice and obtain a full refund of all payments made to the Company and any amendment charges previously incurred.
  6. The financial commitments offered above by the Company mean that the Company is not able to reduce holiday prices should the value of the £ strengthen.

INCLUDED IN TOUR PRICE

 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. Tour participants 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.

The package price may include meals as specified in each tour programme.

Air-conditioned transportation is provided for most trips. Services of an English speaking guide driver, inclusive of his subsistence will be provided. Services of a guide lecturer will vary from tour to tour.

NOT INCLUDED IN PRICE

 Airfare, Airport taxes, airport transfers (unless indicated in individual tour descriptions), cost of visas or other documentation, personal holiday insurance, laundry, liquor, excess baggage charges, tips, personal or baggage insurance, telephone or communication charges or any item of a personal nature.

RESPONSIBILITIES OF THE COMPANY

 The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards. The descriptions, information and opinions given in any material by the Company in respect of the hotels and other suppliers whose services are used are given in good faith, based on the latest information available at the time of booking. The Company accepts liability for any loss you may suffer if any part of the holiday arrangements you book with the Company before departure is not as described and not of a reasonable standard. The company accepts no liability for death or injury if there has been no fault on the part of the Company or its servants, agents or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your holiday, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by the Company or its servants, agents or suppliers even with the exercise of all due care. They are also conditional upon you following the procedures for notification of complaints set out below, and upon you assigning to the Company any right you may have against any other person whose acts or omissions have given rise to the Company’s liability. The Company’s liability to compensate you and the amount of such compensation is subject to the following limitations. First, in the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. Second, in all cases, liability and compensation are limited in accordance with the provisions of all international conventions which concern transportation and accommodation, namely the Warsaw Convention 1929 (as amended), the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962. Copies of these Conventions are available on request.

The Company acts only as an agent for the persons or companies providing accommodation or other services, also called ‘Service providers’ or ‘Suppliers’ and the Company issues all coupons, vouchers, tickets or other documents on the Service Providers’ terms & conditions.

You acknowledge that neither the Company, nor its subsidiaries, affiliated companies, servants or agents shall be responsible or become liable in contract or tort for any injury, damage, loss, delay to person or property, additional expenses or inconvenience caused directly or indirectly by any Service Provider or by “force majeure” or other events beyond the Company’s control, including, but not limited to war, terrorism, civil disturbance, pilferage, delays, severe weather, Acts of God, Acts of Government, accidents to or failure of machinery, equipment, vehicles or industrial disputes.

The Company 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 be liable or responsible for any disappointment, distress or lack of enjoyment arising from any act or omission whatsoever.

Under no circumstances is the Company to be construed as a carrier under contract for safe carriage of you or your baggage and belongings.

 

YOUR RESPONSIBILITIES

  1. General information concerning passport, visa and health requirements applicable to UK Citizens is the responsibility of the client. Such requirements are subject to change and you must check current requirements before departure. The Company offer advice only in these cases. It is your responsibility to obtain all documents required for your holiday, to ensure that these are in proper order and to take them with you. The Company will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred by reason of such failure. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certificate confirming that they are fit to travel. We are not liable for any costs, delays or illness resulting from your failure to meet these requirements
  2. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Company cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
  3. You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before we arrange your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to relevant parties in good time. We are not in any circumstances liable if any carrier refuses to accept you or any member of your party as a passenger as a result of any medical condition or disability.
  4. If you have any special requirements (dietary or otherwise) you must inform us of these. We cannot guarantee that your requirements will be met however and we are not liable to you in the event that your wishes are not met.

OTHER SUPPLIERS & EXCURSIONS

  1. As between you and the suppliers of the transport, accommodation and other components making up your holiday, the conditions of the supplier will apply. These conditions may be subject to International Conventions which limit and/or restrict the suppliers’ liability. (Copies are available on request – please allow 28 days).
  2. Some activities carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered free.
  3. Please note that when you book an excursion locally you contract with the local company providing that excursion and not the Company. The Company has no legal liability for anything that happens on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company’s terms and conditions.

DATA PROTECTION ACT

It may be necessary for us to ask you for certain personal information. Examples of this would be dietary requirements, disability/medical etc. This information will be kept confidential by the Company, and is available for you to inspect during the Company’s normal working hours. It will be passed to the suppliers (who may reside outside the EEC), if it is necessary for them to know this information in order to fulfil our contract to you.

IF YOU HAVE A PROBLEM

If you are unhappy with any aspect of the Company’s arrangements while you are on holiday, you must address your complaint immediately to the Company’s local representative and to the management of the hotel or other supplier whose services are involved. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 30 days of your return. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under this contract.

YOUR INSURANCE

It is strongly recommended that you take out a holiday and health insurance policy (these could be organized in the respective country, prior to commencement of travel).

You must be suitably insured for the duration of your trip and the Company must be informed of the insurer and your policy number before you travel.

FINANCIAL PROTECTION

Your holidays are financially protected pound for pound, via an independent trustee. As such, once we receive payment from you, this will be held with an independent trustee until you return. This highlights our confidence in the product we offer, our seamless service and the value we place on each and every customer. You are assured therefore that all holidays provided by our company are fully financially protected. In the unlikely event of our insolvency the money held in by the trustee and will be used for repatriation.