Terms and Conditions

LEGAL TERMS

WEBSITE USER AGREEMENT

This website is owned and operated by AITKEN SPENCE TRAVELS (PRIVATE) LIMITED, a company duly incorporated under the company laws of Sri Lanka, having its registered office at No. 315, Vauxhall Street, Colombo 2, in the Democratic Socialist Republic of Sri Lanka (hereinafter, as and when the context so requires, called and referred to as “Aitken Spence Travels”).

By accessing and using this website, you agree to be bound by the terms and conditions of use, set out hereinbelow. The attached terms of online reservations (hotel bookings, transport, vehicle hire, transfers & excursions) will apply when you make your reservations online and shall form part and parcel of this agreement. The principals of data protection of AITKEN SPENCE TRAVELS are also annexed hereto for your reference.

TERMS AND CONDITIONS OF USE

  1. ACCEPTABLE USE
  2. You (customer / agent) may use this website 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 website.

    In particular, you (customer / agent) agree you (customer / agent) shall not post, transmit or disseminate any information via this website which is or may be harmful, obscene or otherwise illegal.

    You (customer / agent) also agree not to:

    Use this website in a manner which causes or may cause an 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 website 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 website or underlying software code.

    Take any action that imposes an unreasonable or disproportionately large load on the website or related infrastructure.

    Obtain or attempt to obtain unauthorised 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 website.

  3. COPYRIGHT AND RESTRICTIONS ON USE
  4. All trademarks, service marks, copyright, database rights, and other intellectual property rights in materials on this website, as well as the organisation and layout of this website together with the underlying software, belong to Aitken Spence Travels or its licensors.

    The trademark, 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 authorisation of Aitken Spence Travels.

    The material on this website 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.

  5. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
  6. This website 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 website. All such information, products, services and materials are provided “as is” and “as available” without warranty of any kind.

    This website may contain links to a website 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 websites does not imply any endorsement of the material on such websites and Aitken Spence Travels accepts no liability for their contents.

    By accessing this website 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 website; this includes information and material contained in it, from your access of other material on the internet via web links from this website, delay or inability to use this website 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 website.

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

  9. AGE AND RESPONSIBILITY
  10. You (customer / agent) represent that you (customer / agent) are of sufficient legal age to use this website; additionally, 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 website 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).

  11. PRIVACY POLICY
  12. Aitken Spence Travels is using a secured website for the 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.

  13. FEEDBACK
  14. 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.

  15. OTHER TERMS
  16. This agreement constitutes the entire terms governing your access to dealings with and use of this website. 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.

  17. GOVERNING LAW
  18. The laws of the Democratic Socialist Republic of Sri Lanka govern the use of this website 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

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
  2. What data do we collect?

    Reserving

    Whenever you (customer) make a tour reservation using the Aitken Spence Travels website, we collect the data that we require to make the reservation, particularly your (customer) name, telephone number and email 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 the Aitken Spence Travels website, 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 the Aitken Spence Travels website 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.

  3. Information on data protection
  4. How safe is it to transfer data to Aitken Spence Travels website?

    All data you (customer) provide to Aitken Spence Travels website 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 website database?

    We apply the Aitken Spence Travels website’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 unauthorised access to your (customer) data.

  5. Cookies
  6. 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 from 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 the Aitken Spence Travels website. However, contractual and / or legal regulations, particularly those relating to accounting and payment, may prevent certain data from being deleted.

ONLINE RESERVATIONS

GENERAL TERMS AND 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 02 to 12 years sharing the parents’ room: 30% per-person sharing double room rate.

Discount for the third person sharing a triple room: 10% per person sharing double room rate.

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

THE ABOVE PRICE INCLUDES:

  • 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 the purchase of tickets by way of to enter destinations in the Cultural Triangle and other important places. Guests of Aitken Spence Travels 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 the tour proposal.

ABOVE PRICES DO NOT INCLUDE:

  • Video camera permits at Pinnawala Elephant Orphanage
  • Video camera and still camera permits at the Temple of the Sacred Tooth Relic in Kandy
  • Lunch throughout the tour
  • Entrance fees to sites
  • Christmas and New Year’s Eve supplements at hotels
  • Supplement for accommodation in Kandy during the Kandy Esala Perahera period (July or August)
  • Cost of a ticket to view the Kandy Esala Perahera which will be held in Kandy
  • Cost of beverages 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 wildlife parks will be at client’s own risk.

Safari vehicles (non air-conditioned) available are very basic with basic insurance cover (not comprehensive as in the case of vehicles used for tours).

CANCELLATION CHARGES

  • 21 days or less – 100% cancellation charge
  • Between 22 days and 28 days – 50% cancellation charges or the equivalent of the
    first two days of charges depending on the programme and period of stay
  • Above 29 days – No cancellation charges provided no commitment or advances
    are made to third parties

SPECIAL ROOM REQUESTS

Where special requests eg: room locations, interconnecting / adjacent rooms, double / twin beds, smoking / non-smoking rooms, etc. are an important factor in the choice of holiday, please advise 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

There may be an unforeseen escalation in fuel prices, new taxes / levies on hotels and transportation services or hikes in entrance fees; any large tax hikes and new levies shall also be payable extra and shall be billed accordingly with reasonable prior notice.

If a customer makes a hotel reservation through Aitken Spence Travels acting on behalf of the hotel and when the client cancels a reservation instead of contracting the hotel directly, he or she may contact Aitken Spence Travels and receive a cancellation confirmation code. In this situation, the hotel cannot process “No – Show Transaction” when the client cancelled 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 cardholder.

GENERAL REMINDER

  • 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.
  • Due to high occupancy / demand, the hotels accept only the confirmed bookings.
  • 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.
  • 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 12:00pm to 02:00pm (depends on the hotel).
  • The official check-out time at all hotels will be 11:00am.
  • Hotel check-in / check-out times are fixed and there are no guarantees for early / late check-in / out unless paid for.

CURRENCY CONVERSION POLICY

This website accepts payments in Sri Lankan Rupees (Rs / LKR) and / or the United States Dollars (US$) only.

Please note that neither Aitken Spence Travels (Pvt.) Ltd. nor the 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.