1. Provider and Scope of Application
1.1 The provider and contractual partner for all services offered through the websites srilanka-roundtrip.com and srilanka-rundreise.de is:
Romesh Dharmaweera "Srilanka-roundtrip" Galle, Sri Lanka Email: hello@srilanka-roundtrip.com
1.2 The websites srilanka-roundtrip.com and srilanka-rundreise.de are different online platforms operated by the same provider. The same General Terms and Conditions apply to both websites.
1.3 These General Terms and Conditions ("GTC") apply to all contracts concerning round trips, transportation services, travel assistance and other expressly agreed travel services provided by Romesh Dharmaweera in Sri Lanka.
1.4 Individual agreements between the customer and Romesh Dharmaweera take precedence over these GTC, provided that they have been expressly agreed in writing or in text form.
2. Business Model and Scope of Services
2.1 Srilanka-roundtrip offers individual and organised round trips within Sri Lanka.
2.2 The specific scope of services is determined exclusively by the respective offer and booking confirmation.
2.3 Unless expressly agreed otherwise, the services provided by Srilanka-roundtrip include, in particular, the agreed round trip, the agreed transportation and, where applicable, assistance by a driver or tour guide.
2.4 The following services are not included in the contract, unless expressly confirmed in writing as part of the booked service:
international and domestic flights;
hotels and other accommodation;
breakfast, lunch and dinner;
entrance fees;
national park fees;
safari fees;
additional excursions;
activities and experiences;
visa and immigration fees;
travel insurance;
medical, accident and baggage insurance;
personal expenses;
tips and gratuities;
other third-party services.
2.5 The customer is generally responsible for arranging and paying for the services listed in Section 2.4.
2.6 In particular, the customer is responsible for booking and paying for their own accommodation.
2.7 Recommendations by Srilanka-roundtrip regarding hotels, restaurants, activities, excursions or other third-party services do not constitute an assumption of responsibility for such services.
3. Independent Third-Party Services
3.1 Where the customer books flights, hotels, excursions, entrance tickets or other services independently from third-party providers, the respective contract is concluded exclusively between the customer and the relevant third-party provider.
3.2 Srilanka-roundtrip is not a contractual party to such independently booked third-party services.
3.3 Srilanka-roundtrip is therefore generally not liable for changes, cancellations, delays, deficiencies, failures or other problems relating to such third-party services.
3.4 In particular, the customer bears the risk that independently booked flights and accommodation are compatible with the agreed round-trip schedule.
4. Offers and Booking
4.1 The presentation of trips on the websites does not generally constitute a legally binding offer.
4.2 The customer may request a specific trip in writing or electronically.
4.3 Following agreement on the itinerary, the customer will receive an individual offer.
4.4 A booking becomes binding once the customer accepts the offer and Srilanka-roundtrip confirms the booking in text form.
4.5 The booking confirmation may include, in particular:
customer's name;
Customer's address;
Customer's date of birth;
Customer's email address;
travel dates;
itinerary;
number of travellers;
agreed services;
excluded services;
price;
payment terms;
special agreements.
4.6 Individual written agreements take precedence over general information published on the websites.
5. Prices
5.1 The price stated in the individual booking confirmation applies.
5.2 The agreed price covers exclusively the services expressly confirmed.
5.3 Services not expressly stated as included are not included in the price.
5.4 The customer is responsible for all hotel, flight, entrance, visa, insurance and other third-party costs booked or incurred independently by the customer.
5.5 Third-party costs additionally arranged by Srilanka-roundtrip at the customer's request may be charged separately.
6. Payment
6.1 Payment terms are specified in the individual offer or booking confirmation.
6.2 Unless otherwise agreed, a deposit is payable upon receipt of the booking confirmation.
6.3 The remaining balance is payable no later than the date specified in the booking confirmation.
6.4 Srilanka-roundtrip is entitled to make the provision of the travel services conditional upon full payment.
6.5 In the event of late payment, Srilanka-roundtrip may, following an appropriate payment reminder and reasonable grace period, withdraw from the contract to the extent permitted by applicable law.
7. Cancellation by the Customer
7.1 The customer may cancel the booked round trip prior to the commencement of the trip in writing or by email.
7.2 Unless otherwise agreed in the individual offer, the following cancellation charges apply:
| Time of cancellation | Cancellation charge |
|---|---|
| More than 60 days before departure | 20% |
| 60 to 30 days before departure | 40% |
| 29 to 15 days before departure | 60% |
| 14 to 7 days before departure | 80% |
| 6 days or less before departure | 100% |
| No-show without prior cancellation | 100% |
7.3 The relevant date is the date on which the cancellation is received by Srilanka-roundtrip.
7.4 The customer remains entitled to demonstrate that Srilanka-roundtrip suffered no loss or suffered a substantially lower loss.
7.5 Where demonstrably non-refundable third-party costs arise for individually agreed services, such costs may additionally be taken into account to the extent permitted by applicable law and provided that the customer was informed of such costs before conclusion of the contract.
7.6 Flights, hotels and other third-party services booked independently by the customer are subject exclusively to the cancellation conditions of the respective provider.
8. Changes and Rebooking by the Customer
8.1 Changes to the travel date, itinerary, number of participants or other material booking details require the approval of Srilanka-roundtrip.
8.2 Srilanka-roundtrip may charge a reasonable administration fee and any actual, unavoidable third-party costs incurred as a result of a rebooking.
8.3 The customer has no entitlement to a rebooking where the requested change is not possible due to availability or the specific travel arrangements.
9. Itinerary
9.1 The individual itinerary will be communicated to the customer before the commencement of the trip.
9.2 The order of individual programme items may be changed for organisational, weather-related, traffic-related, governmental or safety reasons.
9.3 Such changes do not generally constitute a breach of contract provided that the overall character of the round trip remains unchanged.
9.4 The customer will be informed as soon as reasonably possible of any significant changes.
10. Transport and Traffic
10.1 Where transportation services form part of the booking, they may be provided directly by Srilanka-roundtrip or by appointed local service providers.
10.2 Due to local traffic conditions in Sri Lanka, travel times may vary considerably.
10.3 Traffic congestion, roadworks, accidents, road closures, weather conditions and governmental measures may cause delays or changes to the planned route.
10.4 Such circumstances generally do not entitle the customer to a reduction in price where they are outside the reasonable control of Srilanka-roundtrip.
11. Entry Requirements, Visas and Travel Documents
11.1 The customer is solely responsible for complying with all entry, visa, passport and residence requirements applicable to them.
11.2 The customer must possess all valid travel documents required for the trip.
11.3 Information provided on the websites or recommendations by Srilanka-roundtrip concerning visas, entry requirements or health requirements are provided for general information purposes only.
11.4 Binding information should be obtained from the competent authorities of the relevant country.
11.5 If the customer is refused entry into Sri Lanka due to missing, invalid or insufficient documents, the customer is generally not entitled to a refund of the booked round trip, unless Srilanka-roundtrip is responsible for the circumstances causing the refusal.
12. Hotels
12.1 Hotels and accommodation are generally selected, booked and paid for directly by the customer.
12.2 Srilanka-roundtrip assumes no responsibility for the contractual relationship between the customer and the relevant hotel.
12.3 This applies in particular to room quality, availability, price changes, cancellations, overbooking, changes to hotel categories or other hotel services.
12.4 Where Srilanka-roundtrip recommends a hotel, such recommendation is merely a recommendation and does not constitute a guarantee of the hotel's services.
13. Entrance Fees and Excursions
13.1 Entrance fees for national parks, attractions, temples, museums and other facilities are payable by the customer unless expressly confirmed as included in the booked round trip.
13.2 The same applies to safaris, boat trips, hikes, activities and other excursions.
13.3 Prices, opening hours and admission conditions may be changed at any time by the relevant operators or authorities.
14. Customer Conduct
14.1 The customer agrees to comply with all applicable laws and regulations of Sri Lanka.
14.2 Reasonable instructions issued by the driver or tour guide must be followed, particularly where such instructions concern safety.
14.3 The customer agrees to behave respectfully towards the local population, religious institutions, employees, drivers and other travellers.
14.4 The customer is liable for damage caused intentionally or negligently to vehicles, facilities or third-party property to the extent provided by applicable law.
15. Health and Personal Requirements
15.1 The customer is responsible for assessing their own personal fitness and suitability for the planned trip.
15.2 Before travelling, the customer should obtain information regarding any recommended vaccinations, medical precautions and health risks.
15.3 Srilanka-roundtrip does not provide individual medical advice.
16. Force Majeure and Extraordinary Circumstances
16.1 Srilanka-roundtrip shall not be liable for events outside its reasonable control.
16.2 Such events include, in particular:
natural disasters;
floods;
landslides;
extreme weather conditions;
epidemics and pandemics;
political unrest;
strikes;
war;
terrorism;
governmental measures;
road closures;
significant traffic disruptions;
other extraordinary and unavoidable events.
16.3 In such circumstances, Srilanka-roundtrip may adjust the itinerary for safety or organisational reasons.
16.4 Srilanka-roundtrip will endeavour to provide a reasonable alternative solution where possible.
17. Defects and Complaints
17.1 Any complaints or deficiencies should be reported to Srilanka-roundtrip or the responsible tour guide immediately during the trip.
17.2 Srilanka-roundtrip must be given a reasonable opportunity to remedy a justified deficiency where possible.
17.3 If the customer fails to report a deficiency promptly despite being reasonably able to do so, any resulting disadvantages may be borne by the customer to the extent permitted by applicable law.
17.4 Complaints submitted after completion of the trip should be sent in writing to:
18. Liability
18.1 Srilanka-roundtrip is liable for the proper provision of its expressly agreed services in accordance with applicable law.
18.2 Srilanka-roundtrip assumes no responsibility for services independently booked by the customer from third parties.
18.3 This applies in particular to flights, hotels, entrance tickets, safaris, additional excursions, restaurants and other third-party services.
18.4 Liability for damage caused intentionally or through gross negligence remains unaffected.
18.5 Any limitation of liability shall not apply to the extent that mandatory law prohibits such limitation.
19. Travel Insurance
19.1 The customer is expressly advised to obtain adequate travel insurance.
19.2 In particular, travel medical insurance and cancellation and trip interruption insurance are recommended.
19.3 The customer is responsible for checking that their insurance coverage is adequate for their individual circumstances.
20. Data Protection
20.1 Personal data of the customer shall be processed only in accordance with applicable data protection laws.
20.2 Further information regarding the processing of personal data is provided in the privacy policy of the respective website.
20.3 The privacy policy forms part of the information provided during the booking process but does not form part of these GTC.
21. Communication
21.1 Communication with the customer may take place by email, telephone or other communication methods agreed between the parties.
21.2 The customer must provide Srilanka-roundtrip with a functioning email address and, where applicable, a telephone number at which the customer can be reached during the trip.
21.3 Changes to contact details must be communicated without undue delay.
22. Unused Services
22.1 If the customer voluntarily does not use individual agreed services, the customer is generally not entitled to a refund.
22.2 This applies in particular where the customer voluntarily omits individual programme items or leaves the trip early.
22.3 Mandatory statutory rights of the customer remain unaffected.
23. Applicable Law
23.1 All contractual relationships between Romesh Dharmaweera, "Srilanka-roundtrip", and the customer shall generally be governed by the laws of the Democratic Socialist Republic of Sri Lanka.
23.2 The parties expressly acknowledge that the travel services offered by Srilanka-roundtrip are provided in Sri Lanka and that the provider has its place of business in Galle, Sri Lanka.
23.3 Sri Lankan law shall apply to the extent that no mandatory statutory provisions of another country apply.
23.4 For customers habitually resident in Switzerland or in a Member State of the European Union, mandatory consumer protection provisions which cannot legally be waived to the detriment of the customer shall remain unaffected.
23.5 To the extent that no such mandatory provisions apply, Sri Lankan law shall apply exclusively.
24. Jurisdiction
24.1 To the extent legally permissible, the competent courts in Galle, Sri Lanka, shall have jurisdiction over disputes arising from or in connection with the contractual relationship.
24.2 Where mandatory law grants a consumer the right to bring proceedings before a court in their country or place of habitual residence, that right shall remain unaffected.
24.3 To the extent that no mandatory alternative jurisdiction applies, the parties agree to the jurisdiction of the competent courts in Galle, Sri Lanka.
25. Mandatory Statutory Provisions
25.1 These GTC shall generally be interpreted in accordance with Sri Lankan law.
25.2 If any provision of these GTC is wholly or partially inapplicable due to mandatory statutory provisions of another country, that provision shall be replaced or restricted only to the extent legally required.
25.3 The remaining provisions of these GTC shall remain fully effective.
25.4 The parties expressly intend to maintain the application of Sri Lankan law and the jurisdiction of the courts in Galle to the maximum extent legally permissible.
26. Severability
If any provision of these GTC is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected.
The invalid or unenforceable provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the original provision.
27. Contract Language
27.1 The contractual language is English, unless otherwise agreed in an individual case.
27.2 Translations of these GTC into other languages are provided for information purposes only. In case of doubt, the English version shall prevail to the extent legally permissible.
28. Websites and Domains
28.1 These GTC apply equally to bookings and enquiries made through:
srilanka-roundtrip.com
and
srilanka-rundreise.de
28.2 The use of different domains does not create different contractual parties or different contractual terms.
28.3 The contractual party remains in all cases:
Romesh Dharmaweera, Sole Proprietorship "Srilanka-roundtrip", Galle, Sri Lanka.
29. Final Provisions
29.1 Individual written agreements between the customer and Srilanka-roundtrip take precedence over these GTC.
29.2 Amendments and additions to the contract should be made in text form unless a stricter form is required by applicable law.
29.3 By making a binding booking, the customer confirms that they have read and accepted the GTC applicable at the time of booking.
Romesh Dharmaweera "Srilanka-roundtrip" Galle, Sri Lanka Email: hello@srilanka-roundtrip.com
Websites: srilanka-roundtrip.com srilanka-rundreise.de