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Funway Holidays -Sri Lanka

                                                                                                                              TERMS & CONDITIONS


Please read the following carefully, as these terms and conditions is a contract between the Travel Agent / Traveller (herein referred to as “You”) and Funway Holidays ( PVT ) LTD (herein referred to as “FH”). If you are a Travel Agent, it would be deemed that you are an authorised person in your company to make reservations on behalf of your company.

FH and their partners only act as booking agents for the suppliers of the component parts of your request (herein referred to as the “service provider”), and as such, bookings for their services will form a direct contract between you and the relevant service provider and will be subject to their terms and conditions in all cases.

1. Quotation
– A quotation in no way confirms the services mentioned. Please take note of the inclusions / exclusions.
– All rates / rooms / services mentioned in the quotation are subject to availability / currency fluctuations at the time of confirmation or when making full payment.
– Group quotes are subject to change as this will depend on final numbers of passengers travelling. We reserve the right to re-quote and raise a surcharge if applicable.
– FH guarantees the price of land arrangements only once full payment is received.
– After five (5) quotation revisions, FH reserves the right to charge at their discretion a fee of USD 30 per quote which will be deducted off the final invoice once a booking is made.

2. Bookings
– By accepting a quotation by means of advising FH to confirm the services offered, it will be deemed that you have read, understood and accept our Terms and Conditions as stipulated herein.
– It is the responsibility of the authorised signatory to ensure that all the staff of all branches receive and are aware of these terms and conditions and are bound by them.
– Reservations will be processed once we have received a signed copy of this contract.  Then only will the commission applicable come into effect. Computer generated signatures are not accepted.
– Nevertheless, even if we do not receive a signed copy back and you have requested a quotation/booking, you will be deemed to have read, accepted and clarified any misunderstandings and agree to be bound by these Terms and Conditions.
– FH does not accept provisional bookings.
– Once a booking is confirmed to you, whether before/after an invoice is issued, you are bound by FHand the service providers terms and conditions in addition to conditions expressed in the quotation / confirmation / invoice.
– During peak occupation or for last minute requests, a booking will not be processed until full prepayment is received (refer to Payments below).
– If arrangements quoted are no longer available, we will endeavour to offer an alternative and should you accept this, the monies paid will be used towards the new booking with any surcharges applicable for your account.
– Once a booking is confirmed, 100% cancellation or amendment penalties will apply or unless stated otherwise.
– For bookings with flexible cancellation penalties please refer to Payments
– You will be issued with confirmation vouchers once your invoice is paid in full. (This can be done immediately or may take a few days depending on when the clients is travelling)
– Bookings are only processed on prepayment basis.

3. Payments
– FH only accept payments by EFT subject to condition that the EFT transmission report is provided to us.
– For Cash and Bank Guaranteed Cheque payments all bank charges will be borne by you. Note we require 10 working days to clear cheque payments before documents will be issued.
– FH accepted credit and debits card only from private travelers.
– All deposits received for confirmed bookings are non-refundable.
– When indicated to the effect, on the quotation that once services are booked, 100% cancellation or amendment fees / prepayment is applicable  21 days before arrival in shoulder and off season and  45 days before arrival in peak seasons ( 10/12-15/01), immediate payment is required before the booking is processed.
– If at the time of making the firm reservation the rate has changed, you will be liable to pay the surcharges. FH will advise you in this case before confirming the booking.
– If the requested service/s is unavailable, we will offer an alternative. Should this alternative offer be rejected, we will then refund the deposit.
– For bookings with flexible cancellation conditions, 50% deposit will be required within 03 days of receiving the confirmation / invoice with the balance due on/before the deadline advised either on the quotation, confirmation or invoice. Total amount due will depend on the rate of exchange on the day final payment is made.
– For full payments on bookings with flexible cancellation conditions, the invoice is only valid on the day it is issued. Please check with us on the day you wish to make the full payment.
– All invoices not paid within the stipulated period will be re-costed and any differences due to currency devaluation will be borne by you.
– We have the right to cancel your reservation if we do not receive your total payment by the relevant due date. When this happens, the cancellation clause will apply.
– All bookings are processed on prepayment basis only. FH does not offer accounts.
– Should a last minute booking be requested, it will be deemed you agree that you are bound to make the full payment within 24 hours or the next working day.

4. Documentation
– Documents (vouchers, etc.) are only prepared on receipt of full payment of your invoice.
– It is your responsibility to ensure that you, and anyone travelling with you, have the correct documentation before departure. This includes, but is not limited to, passports, visas, health certificates and inoculation certificates.
– Passports must be valid for at least 6 months after your return. Please note that all travel documents, including air tickets, must mirror the details reflected in the passport.
– If FH booked your flights and these were paid for by your credit card, you may also be asked to present this credit card at check in.
– If you intend to hire a car while visiting a foreign country, please ensure that you have valid driver’s license and get an international driving permit. Please take your national drivers licence with you.
– For your convenience we recommend children under the age of 18years have an unabridged birth certificate.
– It is important to check the information in ALL your travel documentation IMMEDIATELY upon receipt to ensure that all details are exactly as you requested.
– FH will not be held liable for consequences pertaining to you being refused entry into a country due to insufficient documentation, or any delay and/or loss occasioned as a result of any inaccuracies on any travel documents once you are in receipt thereof.

5. Reconfirmation
– Flight timings are provided by airlines and are subject to Air Traffic Control restrictions.
– All means of transportation are subject to weather conditions, the need for constant maintenance, and the ability of passengers to check-in on time.
– There is no guarantee that flights, ferries, ships, trains or coaches will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not accept any liability for any delay, however arising, or for any schedule alterations.
– You are responsible for the reconfirmation of all flights; giving advanced notice regarding schedule changes (eg. Delays, etc), advising the accommodation establishment of arrival time outside of normal check in times, etc.
– For last minute schedule changes beyond your control, should you be unable to get in touch with the service provider directly, kindly advise FH so that we can advise the service provider accordingly. If you do not, your reservation will be cancelled or you will be inconvenienced by airline-initiated amendments.
– If the flight / reservation information provided is not accurate, FH  and their service providers are not responsible for the correct provision of the service.
– Check-in is usually after 2pm (this may be delayed during peak occupation) and check-out is usually before 11am. Subject to the policy of the relevant establishment.
– To avoid inconvenience, please confirm these times with the specific hotel prior to arrival.

6. No show
– ‘No show’ by you shall be considered a cancellation of the total booking, unless the service provider has been notified of a late arrival.
– No reimbursement to the client shall be made.
– Should you wish to re-book, the services will be subject to availability and on the best available rate as applicable on the day. Any surcharges will be charged accordingly.

7. Cancellations / Modifications / Refunds
– Should you amend / modify / cancel the reserved period of stay / service once a reservation has been made, penalties will be subject to the terms and conditions of the existing booking.
– In the case of a booking made on non refundable basis, the cancellation fees stipulated will apply. Non refundable bookings cannot be amended and modified.
– Depending on the conditions of the existing booking, it may be possible to either amend / extend by making a separate booking, bearing in mind that a room move may be applicable as it is subject to availability at the establishment at check in.
– No refund will be considered for any unused services / cancellation, unless a refund is confirmed in writing from the service provider.
– FH and their service providers will charge the applicable cancellation penalty as advised at time of quotation / booking / invoice. 100% cancellation fees will be applicable during peak occupation.
– Any successful reimbursement claims will be subject to relevant processing and administration fees. Commissions earned and bank charges are non-refundable.
– In the event you pay directly to the establishment even though FH has already made the payment and a voucher was issued, it is up to you / traveller to claim the refund of your payment by contacting the establishment directly.
– For bookings that have been confirmed and/or invoiced, and then canceled, an administration fee of 50 USD will be charged OR (and not limited to) 5% of the total invoice in addition to the cancellation fees applicable.

8. Insurance
– It is strongly recommended that you take out adequate travel insurance to cover personal accident, medical expenses, baggage loss, cancellation costs, etc. for your own protection.
– It is understood that any expenses relating to unscheduled extensions will be for your account.  Any loss due to delays, changes or omissions before or during the course of the journey will not be refundable.  You must refer to your respective travel insurance purchased.
– FH will accept no liability.

8a. Due new normality each passenger has to follow post COVID 19 rules issued by the Goverment of the country.

9. Luggage

– Airlines have strict policy with reference to baggage allowance. Kindly enquire at the time of booking so that you are adequately informed.
– Regarding transport by land, air or other, it is understood that you will carry with you all the luggage and personal belongings and the same is transported at your own risk.
– You are recommended to be present during handling, loading and unloading of luggage.

10. Responsibility

– FH does not own, manage or operate aircraft,  hotels and merely facilitates your access to and use of such facilities.
– FH shall not be liable and will not compensate for any, but is not limited to, unforeseen circumstances. See “Force Majeure” below.
– Any decision made in respect of tour services by the service providers to re-route or amend the itinerary due to any of the above or similar circumstances is at the discretion of the service provider and FH shall not be liable for any claim whatsoever arising from such events. Any claims for refund will be subject to the terms and conditions of the service provider.
– The airlines cannot be held responsible for any act, omission or event while you are not on board the aircraft. Your tickets issued by the airline are the sole contract between the airline and you and any right of recourse you may have, will be solely against the airline in terms of the airlines terms and conditions.

-FH is not responcible if passenger will be refused to fly due not following post  COVID 19 rules , or not presenting required documents.

11. Queries & Complaints

– If you have a complaint, or if you experience any problems on your trip, please inform the supplier of the services or FH immediately, to enable us to resolve the problem for you.
– Failure to give us the opportunity to resolve any problem at the time it occurs may result in either a reduction, or complete extinction, of any rights which you have to claim compensation.
– If you remain dissatisfied, please contact us within 28 days of the unsatisfactory service, giving your booking reference and full details of your complaint on email to funwaysrilanka@gmail.com
– Whilst every effort will be made to resolve your complaint to your satisfaction, it is specifically recorded that FH in no way accepts liability for any claim.

12. Force Majeure

– We regret that we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”.
– In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid.
– Such events include and is not limited to injury, illness, natural and nuclear disasters, damage, loss, accident, theft, delays (before, after or during your tour), war, threat of war, death, riot, civil or political unrest, terrorist activity, industrial dispute, bad weather conditions, technical difficulties, closure of airports, rescheduling of flights, hotels or airlines overbooking or any other irregularity which may arise, whether directly or indirectly or acts of God over which we have no control.

13. General

– This document, together with FH quotation / invoice / vouchers, is the sole record of the agreement between FH and you.
– Any addition to these Standard Terms and Conditions will apply if they are stipulated in writing on the quotation / confirmation / invoice.
– No indulgence that FH may grant to you, will waive any of our rights. All costs and disbursements, including legal costs incurred by FH in recovering damages and or payments, will be for your account.
– City taxes where applicable may in some cases be prepaid, but in most cases it has to be paid directly on the spot.
– Peak Occupation refers to and is not limited to school holidays, Conferences, Exhibitions, Special Events, etc.
– All special requests are put forward to the service provider and every effort will be made to satisfy these, however none can be guaranteed.
– The information on the hotels provided by FH is as close to reality as is possible given that the data is provided by the establishment (from their direct website) or the internet (Google search);  FH is not liable for any inaccuracies in the information when compared to the reality of an establishment.
– Hotels have the right, without notice, to close their facilities or if they face operational issues. Such, facilities and amenities may change without notice.
– Hotels undergo renovations from time to time and take all possible steps to limit disruption to their guests. We will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. Notification of such renovations are not provided in advance.

14. Jurisdiction of the Magistrate’s Court
– Either party to this contract shall be entitled at their option to institute any legal proceedings arising out of or in connection with this contract in any Magistrate’s Court having jurisdiction in terms of sections 28 and 29 of the Magistrates Court Act No32/1944 as amended, notwithstanding that any amount or dispute in issue may exceed the limits of such jurisdiction.
– All costs and disbursements, including legal costs on the attorney and client scale incurred by FH in recovering any damages and payments payable by you to FH shall be for your account.
– This agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of  Sri Lanka
– The parties hereby consent to the jurisdiction of the Magistrates Court having jurisdiction over its person in respect of all proceedings in connection with this agreement.