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TERMS AND CONDITIONS

APPLICABLE FOR TRAVEL SERVICES PROVIDED BY MACKINNONS TRAVELS (PRIVATE) LIMITED

  1. BOOKING YOUR VACATION
    1. Persons (“Clients”) booking services (“Services”) provided by Mackinnons Travels shall be deemed to have entered into a contract with MTL, a limited liability company incorporated in Sri Lanka and having its registered office at No1 Justice Akbar Mawatha, Colombo 2 ,Sri Lanka, which contract shall be subject to the Terms and Conditions herein contained.
    2. Once the Client has made the booking and paid the deposit as provided for in these Terms and Conditions, MTL shall issue an invoice for the balance amount payable. Such invoice shall contain the confirmation of the details of the Client’s booking.
    3. It is the Clients responsibility to check the details of the Services given in the invoice and inform MTL of any corrections at the earliest opportunity.
    4. Tickets are normally available for collection at the offices of MTL or despatched to the Client 14 days before date of departure. If tickets are not received 7 days before date of departure MTL Customer Services should be contacted on +94 (0) 11 231 8600
  2. THE PRICE OF YOUR VACATION
    1. The prices of the Services are subject to availability. In order supply Clients with the most cost effective Services, MTL regularly reviews its prices. However, MTL cannot guarantee the availability of a Services at the advertised price. Up to date pricing can be obtained by contacting MTL directly on +94 (0) 11 231 8600.
    2. A deposit is payable at the time of booking. MTL will invoice the Client for the remaining amount which invoice must be settled at least eight (8) weeks before making use of the Services. Failure to make payment as aforesaid shall entitle MTL to treat the booking as cancelled and retain the deposit.
    3. The Client may pay by sending cheques, payable to Mackinnons Travels to the following address:
      Mackinnons Travels(Pvt) Ltd No. 99, Dharmapala Mawatha, Colombo 7., Sri Lanka
    4. Alternatively the Client may contact MTL directly to arrange for payment by credit/debit card or cash.
  3. CANCELLATIONS
    1. MTL reserves the right to cancel bookings in any circumstances. If such cancellation was not due to Force Majeure or any fault of the Client, the Client can either obtain a refund of the price paid for the Services or buy other Services from MTL in replacement thereof.
    2. If the Client cancels the booking or part of it, the cancellation form must be signed by the person who signed the booking form who will also be responsible for the cancellation charges stated in the table below.
    3. No refunds will be made until the original travel documents issued by MTL are returned to MTL offices.
    4. Cancellation Charges
      The cancellation charges are based on the number of days notice of cancellation MTL receives.
      Number of Days Amount you must pay
      More than 30 Deposit only
      30-20 30% of service cost or deposit if greater
      20-14 50% of service cost or deposit if greater
      1-13 75% of service cost or deposit if greater
      0 The total cost of your holiday
  4. AMENDMENTS TO THE ITINERARY
    1. MTL reserves the right to amend the itinerary or times of the Services at any time. MTL undertakes to inform the Client of any major changes to the Services as soon as reasonably possible.
    2. Clients should note that flight times shown in the advertisements are for guidance only and may change. Actual flight times will be shown on the tickets.
    3. Clients shall be entitled to compensation for the following major changes made to their itineraries of the Services, provided that such changes are not made due to Force Majeure.
    4. Major Changes
      1. significant change of resort
      2. A change of accommodation to that of a lower category and / or a price
      3. A change of flight time of more than twenty four(24) hours
      4. A change in the length of the vacation by more than twenty four (24) hours
  5. The Compensation payable shall be Rs 1000/= per Client.
    1. If the Client wants to amend details of their booking (such as changing to a different hotel or changing the departure date or airport), MTL shall use all reasonable endeavors to accommodate the Client’s requests. The following fees to cover the cost of administration shall be charged for each person named on the booking and for each detail of the booking which is amended.
    2. The administration charges are based on the number of days notice of the amendments MTL receives.
    3. More the 30 days RS. 500/=
      30 – 7 days RS. 1, 500/=
      less than 7 days ………
    4. The price of the new Services will be based on the prices that apply on the day the Client requests the amendment. The prices may have varied from when the original Services were booked.
    5. Some types of Services (such as apartments) are priced according to the number of people utilizing the same. If a member of the Client’s party cancels, MTL will be compelled to recalculate the cost of the Service based on the actual number of persons utilizing the Service.
  6. COMPLAINTS
    1. MTL shall use all reasonable endeavors to resolve any complaints from Clients if,
      1. The complaint has been lodged with the provider of the relevant Service within twenty-four (24) hours of the occurrence of the event giving rise to the complaint
      2. The Client has used all possible steps to resolve the complaint amicably with the provider of the relevant Service; and
      3. if the Client makes the complaint in writing to MTL within seven (7) days of occurrence of the event giving rise to the Service.
    2. The Client hereby agrees to make a claim under his/her insurance policy to recover any expenses MTL may incur in resolving his/her complaint and to remit the same to MTL.
    3. Any disputes remaining unresolved for a period of thirty (30) days may be referred to arbitration per the UNCITRAL Arbitration Rules by a single arbitrator appointed by the chairman for the time being of the Ceylon Chamber of Commerce. The Arbitration shall be held in Sri Lanka and be conducted in the English language.
  7. LIMITATIONS ON LIABILITY
    1. Whilst MTL have no direct control over the way its suppliers provide their services, all persons employed or contracted by MTL or by its suppliers are expected to carry out their duties properly.
    2. The Client acknowledges that MTL is a mere agent for the providers of Services advertised including but not limited to travel services. All claims regarding any failure or breach with respect to the Services must be made against such service providers.
    3. MTL hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by any carrier or supplier, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier and the Client hereby exonerates MTL from any liability with respect to the same.
    4. In no event shall MTL accept responsibility for any cancellation, disruption, act or omission which it could not have reasonably foreseen and avoided.
    5. In any event, MTL liability shall not exceed the price paid by the Client for the Services provided under these Terms and Conditions
  8. THE TRAVEL SERVICES
    1. MTL reserves the right to refuse to accept any person as a customer or continue dealing with a Client if his/her behaviour is disruptive and affects other holidaymakers or travellers. If MTL exercises this right, it will not be responsible for any extra costs which the Client may have to pay.
    2. Any accommodation in the booking shall only be used by those persons named on the invoice and the Client shall be responsible for ensuring that no other person uses such accommodation.
    3. All Services provided by third parties shall be subject to the individual terms and conditions of service of that third party.
    4. The forwarding of special requests including those of a Client with special needs does not constitute a guarantee that MTL or any third party provider of Services can meet these.
    5. When collecting any rented vehicles, the Client shall produce a valid driving licence. It should be noted that various countries and car rental companies have different policies with respect to age and driving records. All convictions for driving offences must be declared. Additional insurance cover over is recommended when renting vehicles.
    6. The age of children relates to the whole of the period when they are away including the day of return. If a child’s birthday occurs during the holiday including the day of return then the new age must be stated. Travel may be refused if the date of birth according to the child’s passport disagrees with the age on the tickets.
    7. It should be noted that certain destinations may require at least six month’s validity remaining on the passport on the date of return. It is the Client’s responsibility to ensure that all members of his/her party have valid passports, visas, health vaccinations and insurance cover for the travel being undertaken.
  9. ONLINE BOOKING

    You may place bookings for Services online at this site. A contract for the sale and purchase of products and services may be made online at this site by your acceptance of the Services offered on the site (the “Contract”) by third party providers and/or distributors and/or where stated,

    By placing a bookings for Services online at this site it is assumed that you hereby agree to waive any rights to challenge the validity or enforceability of Contracts entered into on this site on the grounds that it was made in electronic form instead of by paper and/or signed or sealed. Please note that by indicating your acceptance to Services offered on the site, you are obligated to complete such transactions. You are prohibited from indicating your acceptance to Services where you do not intend to complete such transactions. . By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to accept such services.

    You may be bound by terms and conditions imposed by the third party service providers including conditions of carriage, refund and cancellation policies of airlines, cruise lines, car hire operators, hotels, etc.

    We are not liable for any claims against non-fulfillment or unsatisfactory fulfillment of products and services purchased on your behalf by MTL from these third party service providers and distributors, such as, but not limited to, airlines, hotels, tour operators, car hire companies, insurance companies, and other entities. At times, airlines and other travel services providers may overbook passengers on their flights or re-schedule flight times – We are not responsible for any such incidents.

    You understand that all services purchased require fulfillment and documentation, such as issuance of air tickets and travel vouchers. Fulfillment is performed during normal office hours. As such, any travel requests and bookings made require a minimum processing time of varying periods, subject to the specific terms and conditions applicable to the type of product or service purchased.

    We will not be held liable for any claims for loss, damages or compensation against non-fulfillment should you purchase a product or service that cannot be fulfilled between the time of booking and the time of departure. In such an event, refund to you all shall be in terms of the standard terms and conditions of refund as provided herein.

    All prices are subject to change until full payment is received and are subject to travel service provider availability. A booking fee may be payable on some bookings. Some airport taxes are not pre-payable or pre-paid; you must pay these when required. Some airlines or travel service providers have introduced fuel surcharges which may not be reflected in the prices shown and will be an additional charge. For travel services such as air tickets, hotels, cars, packages or cruises-availability, prices, fare conditions and class of travel can change at any time without notice. Routing restrictions and other special conditions may apply.

    Many countries require that foreign nationals entering hold a passport with at least six months validity remaining. This information as well as other related information supplied by MTL and any links within the site are supplied in good faith; and should be treated as a guideline only. Passport, Visa (including transit visa/s) and Health requirements are the responsibility of all individual travellers. The sole responsibility for ensuring travel documentation is correct is that of the individual traveller. We reserve the right to decline any booking or purchase for any reason and shall not be held liable for any resulting claims for loss, damages or compensation. In such an event, We shall refund to you all unutilized monies collected from you for that purchase.

    You agree to bear the full cost of any booking, cancellation and administration fees for any services booked but not utilized for any reason. In some cases, MTL may charge cancellation and/or amendment fees in addition to those imposed by travel service providers.

    You agree that multiple over-lapping bookings for the same traveler/s are not allowed and may result in damage and loss MTL, which you will bear in full.

  10. FORCE MAJEURE
    1. MTL shall not be responsible for any acts or omissions or failure to meet its obligations due to Force Majeure.
    2. “Force Majeure” shall means an event which is beyond the reasonable control of MTL, and which make MTL performance of its obligations impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood, or other adverse weather conditions, strikes, lockouts or other industrial action confiscation or other action by government agencies.
  11. APPLICABLE LAW
    1. These terms and conditions and Services provided hereunder are governed by the laws of Sri Lanka and any dispute arising between the Client and MTL in connection therewith shall be referred to arbitration in accordance with the provision of clause 6.3 above.