ALKIRA RETREATS CEYLON (PVT) LTD, company number PV00201470 (Solas, we or us) provides Package Tours in Sri Lanka to individuals and businesses (you or guest).
These Terms and Conditions govern the contractual relationship between you and us when booking a Package Tour, participating in an Activity or buying any related products or services.
It is important that you read these Terms and Conditions before booking a Package Tour or buying related products and services. Some Activities are sold but not carried out by us. As such, different terms with these subcontractors, partners or third party providers may apply to those Activities.
The following terms used in this Terms and Conditions have the following meaning:
“Activities” means any activities provided at the destination and included in the Package Tour, including but not limited to surfing and yoga lessons. The Activities may be provided by us, or one of our partners, subcontractors or third party providers.
“Package Tour” means the relevant arrangement we have designed for accommodation and Activities as advertised on our website.
1.1 AGREE TO BOUND BY THESE TERMS
By booking a Package Tour you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions.
All requests submitted on our website booking engine are subject to availability and we bear no responsibility should we be unable to fulfill certain requests.
1.3 BOOKING CONFIRMATION
When a booking has been submitted to us, we will send you a Booking Confirmation. The booking is binding upon both parties only when a Booking Confirmation has been sent to you.
1.4 MAKING BOOKING ON BEHALF OF OTHERS
If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept into these Terms and Conditions on behalf of each of the other participants. By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking and are responsible for making all payments due in connection with your booking, notifying us if any changes or cancellations are required and keeping your party informed.
1.5 CHANGES TO YOUR DETAILS
You must immediately inform us of any changes to your contact information, such as address, e-mail address, telephone number, errors in spelling or other information relevant to our ability to contact you. Your name in the Booking Confirmation must match the name in your passport.
1.6 CHECK-IN / CHECK-OUT POLICIES
Check-in time is after 2 pm on the day of arrival and check-out time is 10 am on the day of departure. If you require an early check-in or late check-out you must give us reasonable notice and we will try to accommodate it but it is at our discretion and subject to room availability.
We reserve the right to check photo identification upon check-in.
2.1 AGE REQUIREMENT
We do not accept guests under the age of 13 unless prior approved by us
We recommend that guests between the ages of 13 and 18 (Minor) be accompanied by an adult.
All bookings made by a Minor who is traveling without a parent or guardian requires the written consent of a parent, guardian or any other person who is required by applicable law for any minor to travel. The original signed written consent must be delivered to our manager upon arrival.
We have the right to reject any guest if they do not have the necessary documents.
You are responsible for having a complete and valid passport and other documents necessary for the fulfilment of the Package Tour and, if circumstances so require, visa and required vaccinations.
You are responsible for booking your flights and transport to and from our premises.
4.1 DAMAGE TO SOLAS PROPERTY
We reserve the right to charge you the cost of rectifying damage or soiling, caused by accidental, deliberate, negligent or reckless act by you to our property or structure.
We are not liable for the loss of money or other personal valuables during your stay.
We maintain a strict no-pets policy on our premises except for guide dogs.
4.4 PROHIBITED ITEMS
The following items are not permitted in our premises:
We reserve the right to refuse entry to any guest found to be in possession of prohibited items. Guests are solely liable and responsible for all loss financial or otherwise, and damage that may be caused by such items.
In the interest of your well-being and security and given the communal nature of the villa, no outside visitors are allowed on our premises.
5.1 MEDICAL HEALTH
(a) You agree that you participate in all Activities at your own risk and are responsible for assessing whether a Package Tour or Activity is suitable for you. You should consult a physician to confirm your fitness for travel and participation in any planned Activities.
(b) We do not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Package Tour and Activity based on your unique circumstances, limitations, fitness level and medical requirements.
(c) In order to participate in an Activity, you must, upon request, provide any medical information reasonably requested by us and are required to complete a medical information form.
(d) You are responsible for acquiring travel insurance that covers medical treatment. The Activities that are offered through us includes a certain risk (even with the presence of instructors and guides), and it your own responsibility to make sure your insurance covers injuries caused by the Activities we or any of our affiliates, subcontractors or partners offer.
(e) We reserve the right to deny you permission to travel or participate in any aspect of a Package Tour or Activity at any time and at your expense where we determine that your physical or mental condition renders you unfit for travel or represents a danger to others.
5.2 EXCESSIVE NOISE AND PARTIES
To ensure all guests enjoy the comfort and safety of the facilities we offer, we have a strict zero tolerance policy towards commotion, excessive noise and parties on our premises with outside visitors. Any guest found to be on our premises creating excessive noise, having such party or otherwise causing a disturbance will be requested to leave our premises and we may terminate your Package Tour without refund.
5.3 INAPPROPRIATE BEHAVIOR
Should any action by a guest, may it be towards our staff or otherwise, be considered inappropriate by us (including but not limited to impairing the comfort and enjoyment of the other guests at the premises or endangering or likely to endanger the health or safety of other guests) or if any inappropriate behaviour is brought to attention, we reserve the right to take action against the guest which may result in, but not limited to, being asked to leave the premises and we may terminate your Package Tour without a refund for any services incurred.
Smoking is not permitted in the villa or on the deck. There will be a US$150 fee for thorough cleaning services charged to any room that has been smoked in to restore it back to its original condition.
Smoking is permitted in the garden.
6.1 CURRENCY AND TAX
Rates are in EURO or US dollars and are inclusive of GST, unless otherwise stated.
Payment must be made via our Payment Gateway on our website or a secure unique Payment Link provided by us via email for the full amount of the Package Tour or any prior agreed amount. If we have provided a secure unique payment link then you are required to make that payment within 24 hours of receiving the email.
We may accept other modes of payment with prior agreement.
To cancel a booking it must be in writing to us at firstname.lastname@example.org and include your order number. We will refund 50% of the total price paid if you cancel 45 days prior to the arrival date of the Package Tour. We will refund the applicable amount within 14 business days.
We do not provide any refunds for cancellations less than 45 days prior to the arrival date of the Package Tour.
There are no refunds or modifications for any special or discounted Package Tours.
7.2 THIRD-PARTY BOOKING SOURCES
In the case of cancellation or modifications to reservations made through sources other than directly with us or our website, we recommend that guests first contact their source of booking for assistance before approaching us.
7.3 CHANGE OF DATES
If you would like to change the dates of your Package Tour please email us at email@example.com at least 45 days prior to the arrival date of the Package Tour and we may accept a change to your dates at our sole discretion, subject to availability and for an administrative fee of US $100.
7.4 TRANSFER OF PACKAGE TOUR
If you would like to transfer your Package Tour to another person please email us at firstname.lastname@example.org and we may accept to transfer it at our sole discretion if certain conditions are met (including but not limited to the new guest being bound to our Terms and Conditions) and an administrative fee of US $100.
We are not responsible for weather conditions during the Package Tour and have the right to cancel Activities if we decide at our sole discretion that weather conditions are not appropriate or unsafe. In such cases we will try, if possible, to make up for those impacted activities over the course of the week. You cannot claim a refund due to Activities being cancelled in accordance with this provision.
Some of our Activities are organised and performed by our subcontractors, partners or third party providers. We are not responsible or liable for the performance or non-performance of those Activities.
(a) If we are unable to perform or are delayed in performing our obligations in relation to parts or whole of the Package Tour because of an event beyond our reasonable control (Force Majeure Event), that obligation is suspended but only so far and for so long as it is affected by the Force Majeure Event.
(b) If a Force Majeure Event occurs, we must:
i. promptly give you notice of the event and an estimate of the non-performance and delay;
ii. take all reasonable steps to try overcome the effects of the event; and
iii. resume compliance as soon as practicable after the event no longer affects us.
(c) Provided we have complied with our obligations under clauses 10(a) and 10(b), if a Force Majeure Event occurs which has a material adverse effect on the Package Tour, and continues for a period of 4 consecutive days, then either party may terminate the Package Tour by giving the other party written notice. For clarity, there will be no refund.
(a) Without limiting any other provision of these Terms and Conditions, to the fullest extent permitted by law, we are not responsible or assume any liability to you for:
i. any injury, damage, loss or delay affecting any person or property not arising from our own negligence or breach;
ii. any loss, damage, cost, expense or delay suffered or incurred due to circumstances beyond our reasonable control, including but not limited to:
A. actions or omissions of third parties (including any applicable third party service providers, subcontractors or partners);
B. a Force Majeure event;
C. a failure by you to comply with any of your obligations under these Terms and Conditions;
D. a failure by you to possess, obtain or maintain any travel documentation required for the Package Tour (including but not limited to health certificates, visas and valid passports);
E. a failure by you to follow reasonable instructions, including but not limited to noting and complying with specified check-in and check-out and meeting places and times.
(b) To the fullest extent permitted by law, we accept liability arising from our breach of contract or negligence for any injury, damage, loss, cost or expense you reasonably incur that is a direct result of, and flows naturally from, such breach of contract or negligence (excluding loss of profits, revenue, business opportunities, likely savings, data and any indirect or consequential loss, costs or damages), but we limit our liability for all such claims in aggregate to the total amount paid or payable by you to us under this Agreement for a Package Tour.
(c) Other than for the liability we accept under clause 11(b), we exclude all other warranties, rights, remedies and liability to you or a third party for breach of contract, tort (including negligence) or breach of any other law. For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of paying the cost of re-supplying services.
(d) Notwithstanding anything else in these Terms and Conditions, our liability will be reduced to the extent the loss or damage is caused, or contributed to, by you or any third party.
If any provision (in whole or in part) is held by a court to be invalid or unenforceable, that clause or part of a clause is to be regarded as having been deleted from these Terms and Conditions and the Terms and Conditions otherwise remains in full force and effect.
We reserve the right to add to, alter or amend any of these terms, conditions and rules as and when we consider it necessary.
12.3 GOVERNING LAW
These Terms and Conditions are governed by the laws of Singapore. Each party submits to the non-exclusive jurisdiction of the courts of that place and the courts of appeal from them.