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Booking Terms & Conditions

1. Definitions

In these conditions (“Conditions”) the following expressions shall have the meanings herein after mentioned:

(a) “Accommodation” means the accommodation which has been booked by the Client from the Company.

(b) “Arrival Date” means the agreed date of arrival of the Client in Sri Lanka to take occupation of the Accommodation.

(c) “Booking” means a booking for Accommodation made in accordance with the terms of this agreement.

(d) “Company” means Foxhill Marketing Ltd (trading as Serendipity Escapes).

(e) “Client” means the person making the booking and any persons on whose behalf he makes the booking(s) and in relation to whom he warrants that he has their authority to accept or confirm the booking(s) on their behalf.

(f) “Deposit” means an agreed percentage of the Total Cost or such other amount as the Company and the Client may agree in writing.

(g) “Total Cost” means the total cost of the Accommodation and all other sums payable to the Company by the Client under the terms of these Conditions or otherwise.

 

2. Booking

The Booking is not deemed to be valid between the Company and the Client until all of the following have taken place;

2.1 the Client has paid the Deposit to the Company; and 

2.2 the Company has sent written confirmation of the Booking to the Client.

 

 

3. Method of Payment

3.1 The Deposit shall be paid by the Client upon receipt of an invoice from the Company.

3.2 The balance of the Total Cost must be paid by the Client to the Company or the Villa owner as specified on the invoice. If the balance of the Total Cost is not paid in full by the date specified on the invoice the Company reserves the right to cancel the Booking and the Deposit will be forfeited.

3.3 Payment of the Deposit and the balance of the Total Cost shall be made by such means and in such currency as the Company shall specify from time to time. The Company reserves the right to levy an additional fee if the Client does not make payment of either the Deposit or the balance of the Total Cost.

 

4. Cancellations or Alterations by the Company

4.1 In the unlikely event that the Company is required to cancel a Booking (for reasons other than a failure by the Client to making a payment under the terms of this agreement) or to make a material amendment to a Booking after a Booking has been confirmed, the Client will be informed as promptly as is reasonably possible and will be offered the choice of an alternative accommodation (to be decided by the Company at its absolute discretion and subject to availability) or alternatively a refund of all monies paid (less a sum proportionate to any parts of the period booked which shall have already expired).

4.2 The Company will endeavour to notify the Client of any such material alteration at least fourteen days before the Arrival Date. Agreed refunds will be paid to the Client no later than four weeks after the Client has notified the Company in writing of their wish to have a refund.

4.3 If the Company notifies the Client of a cancellation or material alteration after the date on which the payment of the balance of the Total Cost becomes due the Client will be offered a refund or an alternative accommodation (to be decided by the Company at its absolute discretion and subject to availability). However, if the cause of the cancellation or alteration is for the reason of force majeure no refund or offer of an alternative accommodation will be made.

4.4 For the purposes of these Conditions the phrase “force majeure” means War or threat of War, terrorist activity, riot, civil strife, industrial disputes or strikes, government action, natural or nuclear disasters, fire, epidemics, acts of God or adverse weather conditions and all similar events outside our control which prevent or affect the performance or prompt performance of our contractual obligations.




5. Cancellation by Client

5.1 Any cancellation of the Booking by the Client must be in writing from the person who completed the booking. Cancellation will apply from the date of receipt of the cancellation at our London office and will be subject to the conditions as specified on the villa information page.

5.2 In the event of a cancellation charge arising under this clause, the amount due must be paid by the Client to the Company within seven days of the cancellation charge arising notwithstanding the fact that the Client’s holiday insurance policy may cover the cancellation charge. It is the Client’s responsibility to claim any insurance monies due and the Company is not required to claim for the said cancellation charge on behalf of the Client.

 

6. Alterations by the Client

6.1 In the event that an amendment is agreed between the Client and the Company after the Booking has been confirmed the Company will be entitled to make the following amendment charge (as appropriate) to cover administrative costs: £100 per amendment

6.2 The appropriate amendment charge shall be paid by the Client to Company upon the amendment of the Booking being made


7. Extra persons in Accommodation

The number of people stipulated in the confirmation of the Booking must not be exceeded unless approval is obtained from the Company’s head office and the appropriate payment made. Sub-letting, sharing or assignment is strictly prohibited and will constitute a fundamental breach of these Conditions

 

8. Damage

Should a Client be solely or jointly responsible for damage to, or loss of, any item belonging to an Accommodation during their occupation of the Accommodation, a charge will be made locally to cover the cost of replacement or repair by the Accommodation owner or a representative of the Company. 
In the event of vandalism and misuse of the Accommodation, the Accommodation owner may take legal action against the Client to recover any losses etc. The Company will take no liability or responsibility for any damage to the Accommodation or losses therefrom.

 

9. Repairs

Should repair(s) to the Accommodation be necessary during the duration of Client’s occupation at the Accommodation (except in the case of emergencies where no notice shall be given) the representatives of the Company and / or the Accommodation owner and or his representatives with or without workmen may enter the property upon giving reasonable notice to carry out any necessary repairs.

 

10. Holiday Insurance

The Client must take out appropriate Holiday Insurance to cover ALL members of the party. The Company may require to be provided with a copy of any insurance policy taken out by the Client.

 

11. Exclusion of Liability

The Company will not consider or investigate any complaints made by the Client as to dissatisfaction with the Accommodation unless such complaints are received in writing by the Company within 14 days of the completion of the Client’s occupation of the Accommodation.

 

12. If you have a Complaint

If the Client has a problem or complaint in respect of the Accommodation the Client must notify either the Company or the Accommodation owner/manager forthwith to ensure that steps can be taken to resolve the matter (if possible) as promptly as possible. If the complaint cannot be resolved promptly the Client should notify us in writing within 14 days of the date of completion of the occupation at the Accommodation. Refunds (if any) are granted at the full discretion of the Accommodation owner.

 

 

13. Variation of Conditions

No variation in these conditions or otherwise in the terms upon which an Accommodation is booked and no promise to refund money paid to the Company shall be valid unless in writing signed by a Director of the Company.

 

14. Disclaimer

14.1 For the avoidance of doubt, neither the Company nor the Accommodation owner will be liable for any financial loss or for damage to the belongings of any persons permitted to occupy the Accommodation or for any injury sustained by them or any member of their party whilst such persons are either staying at the Accommodation or travelling to and from the Accommodation or whilst in Sri Lanka whether travelling to or from the Accommodation.

14.2 Provided the Company uses all reasonable endeavours to comply with its obligations under this agreement, the Company shall not be liable for any breach of contract and subsequent claim which may arise from a Client as a result of any inconveniences suffered.

14.3 Under no circumstances will the Company be liable for any claim made against it if a Client arranges alternative accommodation without prior consultation and agreement in writing of the Company.

 

15. Arrival / Departure

15.1 Clients may only enter the Accommodation after 1400 hours ( 2pm ) on the Arrival Date.

15.2 On the last date of occupation of the Accommodation, the Accommodation must be vacated by 1100 hours ( 11am ). Failure to vacate the Accommodation at the above time will result in the Client being charged for an extra day.

 

16. Behaviour

Under the terms of our contract, we expect reasonable and considerate behaviour at all times. If your behaviour is considered to cause danger, damage, or offence (including racism) in anyway, you will be asked to vacate the property. We will terminate your contract with immediate effect with no refund. This is for the safety and benefit of other guests and Accommodation staff.

 

17. Termination

Termination of this agreement shall be without prejudice to any accrued rights of one party against the other

 

18. Law

This agreement and all matters arising there from is governed by and interpreted under English law and is subject to the exclusive jurisdiction of the Courts in England and Wales.

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