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The Sri Lankan Holiday Policies

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Terms of Website Usage

Introduction

  1. http://www.thesrilankanholiday.com (the Site) is operated by The Sri Lankan Holiday Ltd (TSLH).
  2. This agreement is made between you and TSLH and states the terms under which you may use the Site.
  3. TSLH reserves the right to changes these terms from time to time and without prior notice by changing them on the Site.

Conditions of Use

  1. You must be 18 years of age or over to use this service and the site.
  2. You agree to provide accurate and complete information at the time of registration and to maintain and update that information in order to retain access to the Site.
  3. You are responsible for maintaining the security and confidentiality of your account. You will not reveal you user name or password to anyone else.
  4. You will not attempt to access information in other people’s accounts.
  5. If you have reason to believe that your username and/or password may have become known to someone else, you should inform TSLH immediately.
  6. The terms of any purchase from TSLH will be governed by the TSLH Terms of Business. Access to the Site is not part of a purchase and purchases from TSLH shall not be construed to represent or guarantee you access to the Site.

Liability

  1. Although TSLH hopes this Site will be of interest to users (and except to the extent that TSLH Terms of Business apply), TSLH accepts no liability and offer no warranties or conditions in relation to this Site or its content, to the fullest extent such liability can be excluded by law.
  2. If you are a consumer and not a business user, TSLH shall not be liable to you for any business losses and shall only be liable for any losses which are reasonably foreseeable.
  3. If you are a business user, in no event shall TSLH be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of, or inability to use, the Site or information on the Site.
  4. Except as provided in these terms, all terms implied by law are excluded.
  5. TSLH accept liability for death or personal injury caused by TSLH’ negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
  6. TSLH does not guarantee that the service will be uninterrupted or error-free.

Information

  1. You acknowledge that the information displayed on the Site may not be accurate, complete or up-to-date and that you should not rely on that information in any way.
  2. The information you provide TSLH with by use of the Site will be used in accordance with TSLH’ Privacy Policy.

General

  1. You acknowledge that your use of the Site constitutes acceptance of these terms.
  2. All content on this Site including but not limited to text, software, photographs and graphics is protected by copyright. TSLH, or TSLH’ licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these terms, nothing in these terms shall give you any rights in respect of any intellectual property owned by TSLH or its licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, TSLH’ name, trademarks, logos or other proprietary marks or any of the content of this Site, in whole or in part.
  3. TSLH reserves the right to remove your access to the Site at any time, without notice and at TSLH’ sole discretion.
  4. Any formal legal notices should be sent to us at the address at the end of these terms by email and confirmed by post.
  5. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these terms.
  6. If any part of these terms is found to be unenforceable as a matter of law, all other parts of these terms shall be unaffected and shall remain in force.
  7. You and TSLH agree that English law applies to these terms and that any dispute between us regarding the Site or arising out of or in connection with these terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there.
  8. TSLH is a company incorporated in England and Wales under Company Registration Number 11225949. TSLH’ registered office is at Flat 16 Eagle Court Drinkwater Road Harrow HA2 0FZ.

How to contact us

  1. If you experience problems with the Site or would like to comment on it, please feel free to contact us in any of the following ways:
    • By email at admin@thesrilankanholiday.com
    • By writing to us at Flat 16 Eagle Court Drinkwater Road Harrow HA2 0FZ.

Updates

These terms were last updated on the 26th of February 2018.

Image Attribution

Most images on this site belong to The Sri Lankan Holiday and we reserve full copyright. Accommodation photos/images are provided by the owners of each property. Some images are from other sources.

Those individual images are acknowledged below.

  • Sri Lanka Tourism Image Gallery (http://www.srilanka.travel/imagelibrary/)
  • Unsplash (https://unsplash.com/)
  • https://www.mapsland.com

Terms of Business

THE SRI LANKAN HOLIDAY LTD (“we/us/our/TSLH”) act as booking agents on behalf of the owners of accommodation let for holidays (“the owners”), to customers (“you”). We make booking contracts between you, and the owner of the property. Our fees for making bookings and for providing information and advice to you are included in the price for the holiday. We will use our reasonable endeavours to resolve any problems that arise, but any dispute relating to the holiday itself will be a matter directly between you and the owner. By completing a reservation (by confirming a booking), you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement). The relationship that we have with the owners are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these owners. Any disputes relating to tours arranged be a matter directly between you and the tour operator (Driver/ Guide). We are only helping you to find the tour operator (Driver/ Guide).

1 Bookings

Your booking, which must be on our Booking Form or via our website and sent to us with a booking fee(unless stated otherwise as a deposit or full amount payble) of the total price, will only be effective when confirmed by us in writing. The balance should be paid directly to the owner on arrival at the accommodation. In the event of cancellation, subject to condition 10 & 11, you will be liable for the booking fee. If you have already paid the booking fee no refund will be provided. VAT is included in the price quoted. If there is a change in the VAT rate, the quoted price may be adjusted accordingly.

1.1 In some occasion’s owner may request a deposit or full booking price to be paid to confirm your booking. In these cases, you are liable to pay these funds in order to receive your booking confirmation directly to owner.

2 Occupying the Property

2.1 Properties are, unless otherwise stated in the property’s description, available for occupancy from between 2pm on the first day of your holiday and must be vacated by 10am on the last day. Any changes/flexibility to this should be arranged with the owner prior to your holiday start date. The license from the owner shall permit you and the members of your party as named on the booking form only to occupy the property for the purpose of a holiday. For the avoidance of doubt, you may invite friends over to visit, but the number of people in the property must at no time exceed the amount of people we have stated the property ‘sleeps’ in the brochure, unless you have the owner’s prior consent. No-one other than those named on the Booking Confirmation form may sleep at the property. Failure to observe these rules is a serious breach of these Terms of Business (see Condition 8). You may not sub-let the property.

2.2 You must use the property responsibly and comply with any reasonable rules laid down by the owner. If the owner does not communicate any such rules to you, you must assume that “normal” rules (such as consideration for neighbours) apply. You may not use the property for business purposes without the prior agreement of the owners. The owner reserves the right to enter the property at any reasonable time provided reasonable notice is given to you.

2.3 You agree to leave the property in a reasonably clean condition at the end of your stay.

3 Damages

3.1 You must keep the property clean and in good order and you will be responsible for any breakages. The owner shall be entitled to charge from you of remedying any breach of these obligations, together with the cost of any service or goods provided. We cannot act on your behalf in any dispute between the owner and yourself concerning it. Such disputes should be settled directly with the owner.

4 Descriptions of Properties and Changes

4.1 We have inspected all the properties and used reasonable endeavours to ensure the information we publish is true and accurate. We do not accept any liability for errors contained in the information we publish or for any misrepresentation based on information provided by the owner. In any event, you acknowledge that minor differences may arise between our photographs, illustrations and descriptions of a particular property and the actual property.

4.2 Although we inspect properties and take seriously any complaints we receive from customers, we do not accept any liability for the failure of the owner to keep the property and its contents in good condition. The owner is ultimately responsible for resolving any difficulties which you may experience with the property you have booked.

5 Difficulties and Maintenance

We will give you contact details for the owner or their responsible local caretaker or representative. If you have any difficulties with a property, require maintenance, or have any complaints, you should notify the owner, caretaker or their representative in the first instance. Owners will only investigate complaints which are notified to them promptly and before the end of your holiday. If you experience difficulties and are unable to contact the owner or their representative, you should contact us.

6 Unavailability of Your Property

The owner may cancel bookings made if the property becomes unavailable for reasons beyond the owner’s reasonable control, including without limitation: flooding; fire; significant damage to the property; or failure of utility services to the property. We will try to find you an appropriate alternative property or, at your option, we will refund to you any sums you have paid. Neither we nor the owner shall have any other liability to you.

7 Our Liability to You

7.1 We will not be liable for any loss or damage suffered by you or any member of your party or to your or their property, except where such loss or damage is due to our negligence. If we are negligent, our liability to you will be limited to the loss or damage which was a foreseeable result of such negligence. Except in the case of death or personal injury resulting from our negligence, our total liability to you in respect of any breach of these Terms of Business or tort or other act or omission by us in connection with this contract shall be limited in aggregate to the price agreed to be paid by you for the right to use the property for the period agreed.

7.2 Where you are a customer acting in the course of a business, this Condition 7.2 shall apply instead of Condition 7.1. We do not accept liability to customers acting in the course of a business for losses of profits, business, contracts, goodwill, anticipated savings, expenses, consequential losses or other similar losses, for any reason whatsoever. To the extent permitted by law and except in the case of personal injury or death resulting from our negligence, the maximum limit of our liability to business customers, whether in contract, tort, negligence, breach of statutory duty or otherwise shall be the price agreed to be paid by you for the right to use the property for the period agreed.

7.3 You acknowledge that the choice of the property is ultimately your responsibility.

8 Breaches of these Terms of Business

If you commit a serious breach of these Terms of Business, the owner or his agent will have the right to terminate your booking and if you are already at the property the owner may require you to vacate it immediately. A serious breach of these Terms of Business includes, without limitation, failure to comply with rules of the house or health and safety advice or circumstances where your behaviour, or that of your guests or pets, is likely to have a significant adverse effect upon those staying or living nearby the property. In the event of you committing a serious breach of these Terms of Business no refund of the fees you have paid will be returnable to you.

9 Changes to confirmed bookings

9.1 Once dates of a booking have been confirmed in writing to you, they can only be changed with the owner’s agreement.

9.2 The booking we confirm to you is a contract between you and the owner for the rental, by you, of their property. Should you wish to change your booking to a different property we will treat your request as a cancellation of your booking under the terms specified in section 11.

10 Cancellation

If you are unable to occupy the property, you should inform us immediately of your wish to cancel the booking. Our cancellation terms may offer a full refund of any money you have paid after deducting any bank/transfer charges and processing fees. If you have paid a deposit or full booking payment, any refund will be given after the confirmation from owner. Owner has right to refuse any refund from the deposit.

11 Cancellation Terms

11.1 You may cancel the booking free of charge 24 hours before your holiday begins. Holiday is referred as start of the first day of customer booking as per booking confirmation (in time). Failing to do so will black list your name in our database and will be marked as a no show for the booking. There will be no refund paid out for failing to inform in time. There will be no refund paid out if any of the terms and conditions were breached in this policy.

11.2 Subject to the conditions set out in 11.1, we will reimburse you in respect of all monies paid or contracted to be paid after deducting any bank/transfer charges and processing fees stated by the owner for the property you have booked.
11.3 You must not make any fraudulent or misleading statement prior to or whilst arranging your booking.

11.4 If you cancel the holiday pursuant to this clause 11, we shall not be liable to you in respect of any consequential or indirect loss whatsoever and any costs, monies or claim recoverable under any other insurance policy you may have taken out.

11.5 To cancel a confirmed and paid booking, hotel owner needs to contact The Sri Lankan Holiday Ltd for approval. If hotel owner wishes to cancel a confirmed and deposit paid booking, they need to arrange suitable accommodation that customer will agree. Any extra cost incurred due to this will need to be paid by hotel owner.

12 Pets

12.1 Any pets you want to bring with you must be disclosed at the time of booking and only those pets we confirm are acceptable may be brought into the property. With the exception of guide dogs, pets are only allowed at properties if you can see the appropriate symbol featured in respect of that property. Failure to follow these rules will be a serious breach of these Terms of Business and the owner of the property may require you to vacate it at once.

12.2 Where pets are allowed, you must ensure that no damage is caused by them to the property and that they cause no disturbance within the surrounding area. Pets must be supervised and under control at all times and their access to areas of the property that are unsuitable for pets or would compromise reasonable standards of hygiene must be prevented by you. Pets are not allowed on furniture or in bedrooms. You must always clear up after your pets and you must remove all trace (inside and in the garden) of your pets having been present before you leave the property. Failure to follow these rules will be a serious breach of these Terms of Business and the owner of the property may require you to vacate it at once.

13 Miscellaneous

13.1 These Terms of Business override and supersede all previous versions and any previous course of dealing between the parties.

13.2 In the event of any inconsistency between these Terms of Business and any of our other literature, whether found in our brochure or on our website or otherwise, the provisions of these Terms of Business will prevail.

13.3 When you book your holiday with us, we collect personal information such as your name, email address, home address, telephone number, credit or debit card number and the card’s expiry date. This allows us to book the property for you. We may use the information that we collect to occasionally notify you about news and information we think you may find valuable. For example, we may send you our latest brochure, supplements, newsletters and special offers. If at any stage you decide that you would rather not receive such information, please contact us by telephone, email or post. We employ other companies and individuals to perform functions on our behalf such as sending postal mail, removing repetitive information from lists of our customers, analysing data, providing market assistance and processing credit card payments. We also reveal your identity and contact details to the owner of the property you wish to book. Our contractors have access to personal information needed to perform their functions, but may not use it for other purposes.

13.4 If any provision of these Terms of Business is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms of Business.

13.5 The agreements between you and us and between you and the owner are subject to English law and to the exclusive jurisdiction of the English courts.

13.6 It is not intended that any third party (other than owners) should have the right to enforce any of these Terms of Business under the Contracts (Rights of Third Parties) Act 1999. It is intended that owners may enforce the terms and conditions contained in these Terms of Business against you.

The Sri Lankan Holiday is a trademark of The Sri Lankan Holiday Ltd, Flat 16 Eagle Court Drinkwater Road Harrow HA2 0FZ. The Sri Lankan Holiday Ltd is a company incorporated in England and Wales under Company Registration Number 11225949. TSLH’ registered office is at Flat 16 Eagle Court Drinkwater Road Harrow HA2 0FZ.

 

© The Sri Lankan Holiday 2019 1.2

Privacy Policy

We want you to know about the information we gather online, why we gather it and how we use it. If you have a question that isn’t answered here please email us at admin@thesrilankanholiday.com and we will do our best to answer your queries.

What information do we collect?

Personal information: If you request a brochure from us we will record your name and address. If you give us details of your email address (like when you make a shortlist) we will record it and whatever preferences you indicate regarding future emails from us. If you make a provisional booking through the site we will ask you for your name and address, phone number, email address and the details of people with whom you plan to go on holiday including their gender and age.

Non-personal information: We also record, in our web logs and via cookies, your “IP” address and the “URL” of the site from which you came to our website. This allows us to track the pages visitors view and for how long. We cannot gain personal information about visitors from IP addresses we record, but we can track the route of visitors through the site.

Why do we collect it?

To improve the usability of the site and to provide services we would find difficult to provide without it (like the shortlisting function). To plan improvements to the site and to the service we offer to our customers and to allow us to analyse the behaviour of visitors to our website.

If you make a provisional booking we need your name and address to allow us to send you a confirmation through the post. We ask for telephone numbers and email addresses to allow us to get back to you to confirm the booking. We ask for the gender and age of other people in your party so we can inform the owner of the property you requested of the makeup of your party before confirming your booking to you.

How we use your information

We use the information you provide us with to maintain information on customers and potential customers and to refine our marketing efforts.

If you give us your email address and indicate you would like to receive emails from us in the future we will use your email address to keep you up to date with what we regard as relevant information.

Cookies

We use cookies to store a variety of information on your computer; particularly information about the site you were looking at just before you first visited The Sri Lankan Holiday website. We may use this information to modify how the site works for you. For instance, if your first visit to the The Sri Lankan Holiday site was as a result of a referral from a German website, we might use this stored information to make certain information on the site appear in German. Please refer to Cookie Policy Tab for more information.

How we share your information

If you make a provisional booking via our website or by ‘phone and we subsequently confirm it to you we will pass your name, address, telephone number, email address, gender and age on to the owner of the property you have booked and/or their caretaker or nominated representative. We will also pass on the names, ages and gender of the members of your party. We will NEVER pass your email address or any other of your personal details or the details of anyone in your party to anyone else unless we are required to do so by law. We do not, either for a fee or otherwise, make either email addresses or mail addresses available to anyone else.

Your choices

You can choose not to receive emails from us and to reject cookies from our website. If you reject cookies, certain functionality of the site will be reduced such as the shortlisting functions and the storing of recently viewed property details between visits.

If you would like to use the online provisional booking service you will need to provide us with certain basic information. However, you can choose to not give us the details of all the members of your party until we phone or email you back to confirm your booking.

If we send you emails or other communications as a result of you giving us your details we will always offer you the opportunity to opt out of future mailings. If you do opt out we will not send you any further mails.

Links to other websites

There are a few links on our web site to sites outside our domain. If you follow these links you will be taken to pages and content not controlled by The Sri Lankan Holiday and we disclaim responsibility for the content of these sites. We do not endorse the sites we link to nor the information on them nor the availability of the pages.

Your Rights:

You can object or withdraw your consent to the use of your personal data at any time.  

Right to correct: the right to have your personal information rectified if it is inaccurate or incomplete

Right to erase: the right to request that we delete or remove your personal information from our systems if there is no legal or regulatory reason for us to hold your data.

Right to restrict our use of your information: the right to ‘block’ us from using your personal information or limit the way in which we can use it

Right to data portability: the right to request that we move, copy or transfer your personal information

Right to object: the right to object to our use of your personal information

Right to complain:
We are regulated by the Information Commissioner’s Office (ICO) in respect of our obligations to protect your data. You have the right to make a complaint about our use of your data to the ICO, who will investigate this on your behalf. The ICO will only investigate complaints made within three months of your last contact with us.

You can contact the ICO through their website: https://ico.org.uk

or by telephone: 0303 123 1113.

Data Protection Act

We want to ensure that your information and preferences are accurate and complete at all times. Under the Data Protection Act 1998, you have the right to see and receive a copy of any personal information we may hold on you and the right to have any inaccurate information corrected. Details of how to apply for a copy of the personal information we hold on you may be obtained by writing to the Director, Flat 16 Eagle Court Drinkwater Road Harrow HA2 0FZ.

Do you monitor/record phone calls?

We do not monitored or recorded any phone calls to us.

You can access your data at any time by requesting a Subject Access Request or If you have any further questions about our privacy policies, please email us at admin@thesrilankanholiday.com.

Cookie Policy

This is the Cookie Policy for www.thesrilankanholiday.com, accessible from www.thesrilankanholiday.com

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

  • Account related cookiesIf you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
  • Login related cookiesWe use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
  • Email newsletters related cookiesThis site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
  • Orders processing related cookiesThis site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
  • Site preferences cookiesIn order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.For more information on Google Analytics cookies, see the official Google Analytics page.
  • Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
  • From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
  • The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.For more information on Google AdSense see the official Google AdSense privacy FAQ.
  • We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.
  • Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; {List the social networks whose features you have integrated with your site?:12}, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the Generator of GDPR Cookies Policy Template and the GDPR Cookies Policy Template based on the Privacy Policy Generator from TermsFeed.

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

  • Email: admin@thesrilankanholiday.com

Guest Review Policy

We try to publish all reviews we receive, including criticisms. However, there are certain reviews we won’t publish. They include those that are…

  • Factually inaccurate.
  • Unintelligible or just don’t make sense
  • Potentially defamatory or which distort the true situation
  • Submitted but subsequently withdrawn by the person who submitted the review
  • Factually in dispute – we may remove reviews until the facts have been established
  • Discriminative of any form.

All property reviews are provided by real customers who stayed at the holiday home reviewed.