Vivacious Sri Lanka

TERMS AND CONDITIONS OF USE

1. ACCEPTABLE USE

You (customer/ agent) may use this Web Site in accordance with these terms and conditions for lawful and proper purposes complying with all applicable laws, regulations and codes of practice in Sri Lanka or other jurisdictions from which you are accessing the Web Site.

In particular you (customer/ agent) agree you (customer/ agent) shall not Post, transmit or disseminate any information via this Web Site which is or may be harmful, obscene or otherwise illegal,
   Use this Web Site in a manner which causes or may cause infringement of the rights of another.
   Use any software, routine, procedure or device to interfere or attempt to interfere with the operation or functionality of this Web Site including but not limited to making available corrupt data, viruses via whatever means or interfere with its availability to others.
   Deface, alter or interfere with the look and feel of this Web Site or underlying software code.
   Take any action that imposes an unreasonable or disproportionately large load on the Web Site or related infrastructure.
   Obtain or attempt to obtain unauthorized access by whatsoever means to any of our networks.
   Where Aitken Spence Travels believe in its absolute discretion that you (customer/ agent) are in breach of any of these terms and conditions, without prejudice to any of our rights at law or otherwise, we reserve the right to deny you (customer/ agent) access to this Web Site.

2. COPYRIGHT AND RESTRICTIONS ON USE

All trade marks, service marks, copyright, database rights, and other intellectual property rights in materials on this Web Site as well as the organization and layout of this Web Site together with the underlying software belong to Aitken Spence Travels or its licensors. The trade mark, service mark and logos of Aitken Spence Travels and its licensors must not be used, modified or adapted in any way without the prior written authorization of Aitken Spence Travels. The material on this Web Site and the underlying software codes may not be copied, modified, altered, published, broadcast, distributed, linked to another Website, sold or transferred whole or in part without an express written permission of Aitken Spence Travels. However, the information contained here may be downloaded, printed or copied for your personal non-commercial use.

3. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

This Web Site has been compiled in good faith by Aitken Spence Travels. No representation is made or warranty given, either express or implied as to the completeness or accuracy of the information that it contains, that it will be uninterrupted or error free or that any information is free of bugs, viruses, worms, Trojan horses or other harmful components.
   To the maximum extent permitted by law, Aitken Spence Travels disclaims all implied warranties with regard to information, products, services and material provided through this Web Site. All such information, products, services and materials are provided “as is” and “as available” without warranty of any kind.
   This Web Site may contain links to Web Sites operated by third parties. Such links are provided for your reference only and your use of these sites may be subject to terms and conditions posted on them. Aitken Spence Travels’ inclusion of links to other Web Sites does not imply any endorsement of the material on such Web Sites and Aitken Spence Travels accepts no liability for their contents.
   By accessing this Web Site you agree that Aitken Spence Travels shall not be liable for any direct, indirect or consequential loss or damages of any nature arising from the use of this Web Site, including information and material contained in it, from your access of other material on the internet via web links from this Web Site, delay or inability to use this Web Site or the availability and utility of the products and services.
   You further agree to indemnify, hold Aitken Spence Travels harmless from and covenant not to sue Aitken Spence Travels for any claims, damages/loses based on using this Web Site.

4. MODIFICATION OF TERMS

Aitken Spence Travels may make improvements and/or changes in the products, services and prices described in this Web Site at any time without prior notice. Changes are periodically made to the Web Site. Aitken Spence Travels may amend these terms by posting the amended terms on this Web Site. Continued use of this Web Site following such changes shall constitute your (customer/ agent) acceptance of such changes.

5. AGE AND RESPONSIBILITY

You (customer/ agent) represent you (customer/ agent) are of sufficient legal age to use this Web Site and you (customer/ agent) possess the legal right and ability to enter into this Agreement and use this site in accordance with all of the applicable terms and conditions and create binding legal obligations for any liability you may incur as a result of the use of this Web Site under your (customer/ agent) name or account including, without limitation, all use of your (customer/ agent) account by others including minors living with you (customer/ agent).

6. PRIVACY POLICY

Aitken Spence Travels is using a secured Web Site for transaction of personal data communicated. We do not capture personal information without your (customer) knowledge or your (customer) permission. You (customer) will only be asked to provide personal information when you are taking advantage of this site’s interactive products and services.

7. FEEDBACK

Aitken Spence Travels is free to use, reproduce, disclose and or distribute the information, ideas, know-how in your (customer/ agent) feedback to others without limitation and for any purpose whatsoever.

8. OTHER TERMS

This Agreement constitutes the entire terms governing your access to dealings with and use of this Web Site. Separate arrangements may attach to products or services you obtain, purchase or use from the site. You can find details of these terms under those particular products or services, or from the service providers.

9. GOVERNING LAW

The laws of the Democratic Socialist Republic of Sri Lanka govern the use of this Web Site and you irrevocably submit to the non-exclusive jurisdiction of the courts of Sri Lanka. Aitken Spence Travels reserves the right to bring proceedings against you in the country of your residence .

THE PRINCIPLES OF DATA PROTECTION

The Aitken Spence Travels takes the protection of your (customer) privacy and your (customer) personal data very seriously. We would therefore like to explain what data we collect, what we use it for and how we protect your (customer) data. These data protection principles do not apply to Websites that may be accessed by clicking on hyperlinks on main web pages.

1. General information on data protection and the purpose of data storage
   What data do we collect?
   Reserving
   Whenever you (customer) make a tour reservation using Aitken Spence Travels Web Site, we collect the data that we require to make the reservation, particularly your (customer) name, telephone number and e-mail address (“contact details”), as well as your (customer) arrival and departure dates, the name of the hotel and the type of room reserved (“reservation details”).
   Contact
   General questions may be addressed to us using the Contact field. In order to be able to process your (customer) enquiries, we collect your (customer) contact details. This data is deleted again once the enquiry has been dealt with.
   Who gets my data?
   Whenever you (customer) make a reservation using Aitken Spence Travels Web Site, your (customer) reservation details are passed onto your (customer) chosen hotel to enable the reservation to be made. Apart from this, your (customer) data is not passed on to any third parties. Under no circumstances will Aitken Spence Travels Web Site sell or lend out your (customer) contact details. In exceptional circumstances, legal regulations, judicial or official orders may require us to hand data over to the relevant authority or court. However, this is only undertaken within the framework of our legal obligations.
   2. Information on data protection
   How safe is it to transfer data to Aitken Spence Travels Web Site?
   All data you (customer) provide to Aitken Spence Travels Web Site is encoded and transmitted using the SSL (Secure Sockets Layer) protocol. This is a tried-and-tested system used by browsers the world over to encrypt data automatically before transmitting it to the intended recipient.
   How secure is my data on the Aitken Spence Travels Web Site database?
   We apply Aitken Spence Travels Web Site’s strict safety standards for our database and Internet server in order to provide effective protection against loss, misuse, divulgence, alteration and deletion of and unauthorized access to your (customer) data.
   3. Cookies
   What are cookies?
   Cookies are small pieces of information that your browser stores on your computer’s hard disk. They simplify reservation by automatically calling up frequently used data on sites you have already visited. You can set your computer to not store any cookies on your computer. However, this may prevent you using some of the functions we offer.

Questions
   You may ask to see your stored personal data at any time. You also have the right to correct, delete or (in the case of incorrect data) bar such data. Contact details should be amended under Aitken Spence  Travels Web Site. However, contractual and/or legal regulations, particularly those relating to accounting and payment, may prevent certain data from being deleted.

ONLINE RESERVATIONS

GENERAL TERMS & CONDITIONS

The above rates are net and include all government taxes totalling to 13%.
   These rates are subject to current Government taxes. If any taxes are revised including
   VAT the rates quoted will be revised accordingly.

Discount for children from 2-12 years sharing parents room-: 30% on the per
   person sharing double room rate

Discount for the 3rd person sharing a triple room-: 10% on the per person sharing
   double room rate

** Please note that the extra bed in a triple room will be a foldable and roll away
   bed.

THE ABOVE PRICE INCLUDE :
   •             Accommodation is as described on your tour proposal and listed dates along with the written meal plan in line for each day as agreed by you upon confirming the standard of room types and hotel standards as proposed on the tour proposal.
   •            Transportation by air-conditioned vehicle from Colombo to Colombo.  As per the sent itinerary.
   •             Acting for an on behalf of  Aitken Spence Travels  shall facilitate for purchase of tickets by way of  to enter destinations at Cultural Triangle and other important places. Aitken Spence Travels guests shall pay the appropriate sum of money for the purchase of tickets to Aitken Spence Travels Ltd and Aitken Spence Travels Ltd shall act as the custodian of this money. For this service, Aitken Spence Travels Ltd shall charge a commission plus appropriate indirect taxes from the guests as shown and explained in tour proposal.

ABOVE PRICES DOES NOT INCLUDE :

•             Video Camera permits at Pinnawala Elephant Orphanage.
   •             Video Camera and Still Camera permits at the Temple of the Tooth Relic in Kandy.
   •             Lunch throughout the tour.
   •             Entrance fees to sites.
   •             Christmas and New Years eve supplements at hotels.
   •             Supplement for accommodation in Kandy during Kandy Esala Perahera period. (July or August)
   •             Cost of ticket to view the Kandy Esala Perahera which will be held in Kandy.
   •             Cost of beverage throughout the tour.
   •             Expenses of a personal nature.
   •             Any other services not specified above.

OTHER CONDITIONS :
   Optional excursions and additional services could be provided for which we will charge additionally.
   Visits to wild life parks will be at client’s own risk.
   Safari vehicles (none air-conditioned) available are very basic with basic insurance cover (not comprehensive as in the case of vehicles used for tours).

CANCELLATION CHARGES  :
   Cancellation fee of 100% is charged if cancelled 45 days or less before the event

SPECIAL ROOM REQUESTS:
   Where Special requests Eg : Room locations, Interconnecting /Adjacent rooms, Double/Twin beds, Smoking rooms & non smoking rooms etc are an important factor in the choice of holiday, please advice us when the booking is made. We will pass on your request to the hotel but cannot guarantee that it will be accommodated.

IMPORTANT NOTE:
   Unforeseen escalation in fuel prices, new taxes/levies on hotels and transportation services or any hikes in entrance fees. Any large tax hikes and new levies shall be payable extra and shall be billed accordingly with reasonable prior notice

If customer place a hotel reservation through Aitken Spence Travels acting on behalf of hotel and when the client cancels a reservation instead of contracting the hotel directly, he or she may contact the Aitken Spence Travels and receive a cancellation confirmation code. In this situation hotel cannot process “No –Show Transaction” when the client canceled the reservation according to the Aitken Spence Travels cancellation policy, and the client has the cancellation number. Failures in communication and Aitken Spence Travels must be resolved by the two parties without involving the card holder.

GENERAL REMINDER:

a) The programme is based on the availability of the hotel rooms at the time of forwarding the quotation. As such rooms are subject to availability at the time of booking.
   b)Due to high occupancy/demand, the hotels accept only the confirmed bookings.
   c) Once our proposal is accepted, the final confirmation will be forwarded along with the relevant overnight stays and itinerary. We will do our best to book the mentioned hotels or alternate similar category hotels.
   d) In case of any price fluctuations due to change of hotels, we will send a revised quotation.

HOTEL RULES AND REGULATIONS :

The official check-in time at all hotels will be 1200hrs – 1400 hrs ( depend on the hotel).
   The official check-out time at all hotels will be 1100hrs.

Hotel Check in/Check out times are fixed and there are no guarantee for early/late check in /out unless paid for.

Currency Conversion Policy
   This website accepts payments in Sri Lankan Rupees (Rs/LKR) and/or United States Dollars (US$) only.
   Please note that neither Aitken Spence Travels (Pvt) Ltd nor its owning Company it represents on this website will be liable for any exchange rate losses/gain due to any transactions/refunds processed, irrespective of customer’s credit/debit card currency.