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Terms of use.
Asianscapes Holidays, is the luxury holiday division of Dream Vacations (Pvt) Ltd., a private limited liability Company duly incorporated in Sri Lanka under the companies act No:17 of 1982 and having it's registered office at No: 87/1, 1st Floor, Galle Road, Mount Lavinia 10370, in the said Republic of Sri Lanka. Your use of this website is on condition that you ("Tour Participant") accept without variation the terms and conditions set out herein which may be varied by us ("Dream Vacations (Pvt) Ltd.,") from time to time without notice to you.Your use of this website constitutes your agreement to all the terms & conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this website.
Representations & Warranties.
You represent & warrant that: You are of sufficient legal age to use this website in accordance with all terms & conditions herein and to create binding legal obligations for any liability you may incur as a result of the use of this website; You are financially responsible for all uses of this website by you All information supplied by you in using this website is true and accurate.You will not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;You will not use this website to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
Software and copyright.
All contents of this website are:Copyright © Dream Vacations (Pvt) Ltd., No: 87/1, 1st Floor, Galle Road, Mount Lavinia 10370, Sri Lanka.
Dream Vacations (Pvt) Ltd., retains all rights (including, but not limiting to trademark rights,copyright and patent rights) with respect to all software and underlying information or material available through this website.
You are not to download, copy or otherwise export or re-export any software or underlying information or material available through this website, except to the extent that such downloading or copying occurs in the course of using this website in accordance with our written instructions or otherwise as expressly permitted in this agreement.
Disclaimer.
Your use of this website is at your sole risk. This website (including the products and services) is provided 'as is' basis and you assume total risk and responsibility for your use of this website.To the maximum extent permitted by law, Dream Vacations (Pvt) Ltd., specifically disclaims all warranties, express or implied, in respect of this website including, but not limited to,merchantability, fitness for a particular purpose, non-infringement of intellectual property or other property rights or compatibility between this website and any software and hardware. Dream Vacations (Pvt) Ltd., neither warrants nor makes any representations regarding the accuracyor completeness of this website or of any of the data or information contained in this website or that of the use of this website will be uninterrupted or error free or that any information, data, content,software or other material accessible through this website will be free of bugs, viruses, worms, trojan horses or other harmful components.
The information contained in this website is subject to change without notice.
Limitation of Liability.
Dream Vacations (Pvt) Ltd., shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with the use of or inability to use this website, or the information, products and services obtained through this website, the submission of any personal information, including, but not limited to, bank and credit card details, the performance or non-performance of Dream Vacations (Pvt) Ltd.,, or any unauthorized access or breach of security into this website through the internet or otherwise arising, whether based on contract, strict liability, tort (including negligence), product liability or otherwise even if Dream Vacations (Pvt) Ltd., has been advised of the possibility of such damages.
Notwithstanding anything to the contrary in this agreement, the liability of Dream Vacations (Pvt) Ltd., shall in no event exceed, in the aggregate, Sri Lankan Rupees Five Thousand.
Acknowledgement.
The disclaimer and limited liability of Dream Vacations (Pvt) Ltd., as set out in this agreement are fundamental elements of the basis of the bargaining between you and Dream Vacations (Pvt) Ltd.,, and you agree that Dream Vacations (Pvt) Ltd., would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of
this agreement.Responsibility of Dream Vacations (Pvt) Ltd.,
Dream Vacations (Pvt) Ltd., also called 'Dream Vacations' the ' Destination based Tour Operator', or 'Tour Operator' acts only as an agent for the persons or companies providing accommodation or other services, also called 'Service providers' or 'Suppliers' and Dream Vacations (Pvt) Ltd., issues all coupons, vouchers, tickets or other documents on the Service Providers’ terms & conditions.You acknowledge that neither Dream Vacations (Pvt) Ltd.,, 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 majeur" or other events beyond Dream Vacations (Pvt) Ltd.,' 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.
Dream Vacations (Pvt) Ltd., 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 Dream Vacations (Pvt) Ltd., to be construed as a carrier under contract for safe carriage of you or your baggage and belongings.You agree that it is your responsibility to take a holiday insurance policy (these could be organized in the respective country, prior to commencement of travel).
Rates.
All rates are quoted in European Euro, or in equivalent currency. The rates include value added tax of 15% and service charge of 10%, (where applicable). Rates are per person, sharing twin/ double basis for package tours (a supplement for single room is applicable), per person basis for excursions, Ayurveda packages & transfers; per room, per night basis in case of hotel reservations booked individually other than a packaged stay.Rates do not Include International airfare. Rates are based on currant rates of exchange and are subject to change without prior notice due to fluctuations of exchange rates and increase in taxes. Published rates therefore may vary and are guaranteed only at the time of booking.
Due to currency regulations in Sri Lanka, credit card charges cannot be made in foreign currency. Dream Vacations (Pvt) Ltd., will therefore apply the daily exchange rate on the day of your payment and convert our guaranteed rate of Euro to Sri Lankan Rupees. Your credit card company may however charge your account with the daily exchange rate applicable on account date.
Dream Vacations (Pvt) Ltd., cannot be held accountable for any differences due to different exchange rates applied by different financial institutions and/ or different dates. Refunds for price fluctuations are not possible since our charge is based on the exchange rate applicable on the day of payment.
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 travelling 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. All included meal arrangements are simple such as set menu meals or packaged lunch.
Air-conditioned transportation is provided for most trips, Explorer! trips are usually done with the windows open. Services of an English speaking guide driver, inclusive of his subsistence will be provided for parties up to 7 persons. Services of a Guide lecturer will provided for parties of 8 persons and above. This is subject to vary from tour to tour.
Our Independent and self-Navigated tours include a limit on the mileage and time that could be utilized for each tour. Any excess mileage and/ or extra time utilized has to be paid to the chauffeur/ guide at end of each day.
Not included in Tour 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.Child Policy.
Children between 2 and 6 years are given a discount of 80 percent of the per person, adult rate, while children between 7 to 12 years old are given 70% discount of the per person adult rate on transfers, excursions, and package tours provided they share room with two adults. A maximum of two children per party are granted such discounts. Children who require their own rooms are charged as adults.Tour Membership.
By paying for & obtaining services for a transfer, excursion, or package tour, you (the tour participant) automatically become a 'member' enjoying the benefits of the particular
product or service.The Tour Manager/ leader/ interpreter may, at his or her discretion, require you to withdraw from any tour or activity, if the Tour Manager/ leader/ interpreter deems your conduct offensive or a nuisance to other tour participants, behave in a manner disrespectful to the local culture & customs, causes destruction to local flora & fauna and/or engage in conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate the law of the country.Dream Vacations (Pvt) Ltd., shall have no liability to any tour participant required to withdraw from any tour.
Due to the somewhat strenuous nature of some active/ adventure programs, it requires that you be reasonably fit, & thus some tours may be unsuitable for children & the elderly. Some trips like canoeing & rafting may require your ability to swim. These requirements will be indicated with each tour.
Reservations & Changes.
All products & services offered on this website are subject to availability and acceptance, at the discretion of the supplier of such product or service. In the event a product or service booked by you is not available, Dream Vacations (Pvt) Ltd., shall use it's reasonable endeavors to suggest an alternative product or service of similar pricing and quality.
Where the product or service is either not available or our suggested alternative (where applicable) is not acceptable to you but is fully paid, we shall make a refund in accordance with our refund policy. If you fail to accept our suggested alternative product or service by the specified deadline, we reserve the right to cancel our tentative booking of the same.
Payment.
Payment could be made by an on line or off line method acceptable to Dream Vacations (Pvt) Ltd. Payment is required in full, 30 days prior to arrival. Some trips could be booked by paying an advance deposit of 30%. Those tours that could be booked by paying an advance deposit of 30% will be indicated separately. The balance 70% must be paid in Euro cash or credit card acceptable to Dream Vacations (Pvt) Ltd., on landing in Sri Lanka or prior to commencement of tour.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.
Force Majeure.
Due to the nature of some tours featured, changes may occur, without notice to the stated content or schedule of itineraries. Such changes are due to seasonal weather conditions or local operational limitations beyond the contractors' control.Dream Vacations (Pvt) Ltd.,, 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 Dream Vacations (Pvt) Ltd., control, including but not limited to the failure of any third party to perform.
Dream Vacations (Pvt) Ltd., shall not be liable for damages of any kind arising out of any failure or delay by Dream Vacations (Pvt) Ltd., 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.
Cancellation & Refunds.
Cancellation must be in writing and sent by you/ your travel agent who made the booking. Cancellations take effect from the date the written notice is received.
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No refund in full or in part will be given for unutilized services in the package(s) once you commence using the product or service.
Links to third parties.
This website may contain hyperlinks to websites operated by parties other than Dream Vacations (Pvt) Ltd.,. The inclusion of hyperlinks to such websites does not imply Dream Vacation's endorsement of such websites nor any association with their operators. Dream Vacations (Pvt) Ltd., is not responsible for the contents of other websites.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).Smoking.
Smoking is strictly prohibited in the vehicle & within Nature Reserves. However, regular comfort stops are made on travelling days during tour.Shopping.
Dream Vacations (Pvt) Ltd., does not endorse any shops nor do we have any association with their operators.Dream Vacations (Pvt) Ltd., do not accept any responsibility for quality, value, reliability or authenticity of any goods that you may purchase while on tour, nor is Dream Vacations (Pvt) Ltd., liable in any way whatsoever for any arrangement you may make to post, courier, freight or ship such purchases.Indemnity.
You shall indemnify and keep Dream Vacations (Pvt) Ltd., indemnified against all claims, demands, actions, proceedings made or brought against Dream Vacations (Pvt) Ltd., arising from the use of this website and/ or any breach of any term or condition by you.Relationship between the parties.
No joint venture, partnership, employment or agency relationship exists between you and Dream Vacations (Pvt) Ltd., as a result of this agreement or your use of this website.Variations.
No person, other than a director, or an officer of Dream Vacations (Pvt) Ltd., authorized in writing, may vary, add or waive any term or condition in this document set forth in the proceeding provisions. Dream Vacations (Pvt) Ltd., reserves the right to vary these terms of use.Governing Law & Arbitration.
This contract, regardless of where it is performed, shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. All disputes and contradictions appeared as a result or due to the present Contract shall be settled by negotiations between Dream Vacations (Pvt) Ltd., and yourself.In case of impossibility to settle contradictions you submit to the non-exclusive jurisdiction of the Commercial High Court of Western Province in Sri Lanka or any other Court in Sri Lanka that will have jurisdiction to hear and determine matters where the cause of action arises out of a commercial transaction in the judicial district of Colombo without any restriction. The decision arrived in such a court shall be final and binding for both parties.
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