1. Contract
These are the terms and conditions of Luxury Holidays Asia Private Limited (hereafter referred to as “LHA,” “we,” or “us”), the company with which you enter into a contract. We would like to bring your attention to the following terms and conditions, which apply to all of our brochures, communications, and bookings. Any agreement with LHAs is governed by these terms and conditions, which either party do not have the authority to change. Please read and understand the following terms and conditions fully before raising any queries. By requesting us to confirm your reservation, you agree to the terms and conditions outlined below and indicate that you have read and understood the terms of this contract.
2. Booking Procedure
LHA will tailor a trip schedule to your specific requirements. When we receive any monetary payment (partly or fully) for that itinerary, it becomes a legally enforceable contract between you and LHA. The contract becomes valid only after the funds are received. We demand a minimum 25% deposit at the time of booking confirmation and the full balance 90 days prior to the departure date if you are booking more than 90 days in advance of the date of travel. If you book less than 90 days before your travel date, you must pay in full at the time of booking confirmation. We retain the right to cancel your journey if full payment is not received 90 days prior to the departure date, and we will apply the cancellation charges outlined in section 5. We will not be penalized if you cancel, and we will have no future obligations to you. We will use credit or debit card details provided to us by you to obtain the payment of any outstanding balance if you have provided us with your credit or debit card details, unless you have specifically notified us in writing, not to use the credit or debit card provided for that purpose. All members of the booking party agree to be bound by these terms and conditions. The lead booking name is responsible for making full payment for all members of the booking party, including everyone added or substituted at any stage. We expect the lead booking name to ensure that other members of their party have read and fully understood these terms and conditions before making a reservation.
3. Medical Conditions and Disabilities
If you or any member of your party has a medical issue or mobility issues that can affect your travel, please let us know before you complete your booking so that we can advise you of the appropriateness of the arrangement you’ve chosen as per the condition. You must provide us with all pertinent information of such medical issues in writing at the time of booking to ensure that the trip is appropriate for the circumstances. We retain the right to cancel any booking as in line with section 5 below and without penalty to LHA if full medical details are not provided at the time of the booking.
4. Documentation
Please read all the documents we provide you carefully as soon as you receive your final itinerary, confirmation invoice, tickets, and any other paperwork. If any information appears to be inaccurate, please contact us right away as changes requested later may not be possible to amend. Unless if itโs a mistake made by us, you will be liable for all charges and expenditures associated with such changes.
5. Cancellation by You
A travel cancellation must be notified in writing and takes effect on the day we receive the written notification. The deposit, as well as any amendment fees, will be forfeited if the reservation is cancelled. Cancellation fees are calculated as a percentage of the quoted price:
| Period before departure when we receive your written cancellation | Cancellation charge per person cancelling |
|---|---|
| More than 90 days | Deposit only |
| 61 and 90 days | 50% |
| 31 and 60 days | 75% |
| 30 days or less | 100% |
You may be entitled to reclaim these expenses if the cause for cancellation is covered under your insurance policy’s conditions. However, if we have given airline tickets to you and you choose to cancel them at any time, we will only reimburse the amount LHA reclaims from the carrier.
6. Pricing Itineraries
The pricing of your trip will be determined by known expenses at the time the itinerary is issued. All of the prices we offer are correct as of the day they are published, but we retain the right to modify any of them at any time. Fuel and local taxes are included in the prices, which are estimated at the time of publishing. A Confirmation Invoice will be provided to you at the time of booking confirmation.
If our costs of supplying your trip increase after we send you a Confirmation Invoice, we retain the right to apply a supplement to your travel charges.
Your travel price may change as the result of changes in supplier costs, local dues or taxes, VAT, currency fluctuations, transportation charges (fuel, airport charges, scheduled airfares and other transport charges), government actions, any other airline surcharges, taxes or fees payable for services such as landing taxes, or embarkation /disembarkation fees at ports or airports, or increases in other reservation fees. We retain the right to increase the price of your travel if our expenses to deliver it rises, and we will send you an Amendment Invoice indicating the changes.
We shall charge you a fee of $100 per occurrence and related charges if you tell your credit/debit card provider to “chargeback” any payment(s) legitimately due from you in relation to your booking. We also have the right to cancel your reservation and/or pursue legal action against you for any unpaid balances (s).
Before your journey is confirmed, we retain the right to make adjustments to and rectify inaccuracies in advertised prices. We will notify you of any mistakes that we discover as well as the current pricing at the time of booking.
7. Amendments by You
ย If you need to modify your itinerary after you’ve paid a deposit, we’ll do our best to accommodate you if you notify us in writing. After we receive payment, we will charge you $150 for a customer-initiated change to the booking, plus any extra airline, hotel, and/or supplier charges.
Any changes in the booking will result in the booking being re-priced at the rate in effect at the time of the change. A “name change” would be considered as a cancellation and is subjected to the cancellation charges outlined in section 5.
8. Cancellation by Luxury Holidays Asia
If you do not comply with any of these booking conditions, we reserve the right to cancel your confirmed travel. We also retain the right to cancel your trip at any moment before the full payment is received for any reason.
We cannot accept liability or pay compensation if force majeure prevents or hinders us from performing our contractual duties on time or if you suffer any harm or loss as a result of it. Force majeure is defined in these booking terms and conditions as any occurrence that the service provider in issue or we could not reasonably foresee or avoid, including but not limited to war, the threat of war, riot, civil strife, civil disorder/unrest, actual or threat of terrorist activity, industrial dispute, fire, natural or nuclear disaster, a breakout of an epidemic or pandemic disease, technical problems with transport, closure, congestion of airports or ports, cancellation/amendment to any scheduled flight and adverse weather conditions. In the event of force majeure, we shall not be obligated to repay any money to you; however, if we are able to collect any funds from our suppliers, we will do so without any charge to you.
While we try to prevent amendments and cancellations as much as possible, we may retain the right to do so. If LHA cancels your trip for a reason not listed above, we will refund all money paid or provide you with an alternate trip of equal quality. We will compensate each person with $100 in such an instance.
9. Amendments by LHA
Although itโs unlikely for us to have to make any alterations to your travel plans, we retain the right to do so at any time. The majority of these changes are small, and we will notify you in writing as soon as possible. If your outbound or return flights must be changed by more than 12 hours, or if a significant change in the standard of accommodation is required, you will have the option of accepting a new arrangement or cancelling your trip and receiving a full refund of all compensation paid, provided that the situation has not occurred as a result of
- force majeure
- failure to comply with our booking terms.
- failure to make payments as required or
- as a result of an amendment to a scheduled airline timetable.
10. Limitation of Liability
You agree that Luxury Holidays Asia Private Limited’s responsibility to you will never exceed the amount paid for the trip and that you will not seek a judgment for an amount higher than the sum paid to LHA. YOU AGREE AND UNDERSTAND THAT LHA’S LIABILITY FOR LOSS AND ANY OTHER FINANCIAL CLAIMS/DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID FOR LHA. This clause 10 limits LHA’s entire responsibility to you under these terms and conditions, and it is only designed to limit LHA’s total liability. It has no bearing on the limitations of liability set forth elsewhere in this agreement.
You understand that adventure travel is fundamentally dangerous. You accept the inherent dangers of this journey and understand that part of the motivation for your participation is the delight of travelling beyond the regular safety of your home and work.
Please note that we cannot be held liable for any damage, loss, expense, or other sums of any kind that:
(a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or (b) did not result from any breach of contract or any other fault by ourselves or our employees, or where we are responsible for them our suppliers.
Furthermore, we cannot be held liable for any payments related to commercial losses.
11. Our Responsibilities
LHA takes responsibility to deliver your trip as specified in your Confirmation and any Amendment Invoices, and services provided meet a reasonable local standard (subject to section 13 below). Please note that we cannot be held liable for any services that are not included in our contract. This includes, for example, any additional services or amenities that your hotel or other provider agrees to offer you but that are not listed in our brochure and that we have not agreed to arrange. To the best of our knowledge, the information in our brochure and website is true at the time of your booking confirmation.
Our brochure descriptions and other information supplied or made available in a resort frequently allude to the resort’s “additional activities and excursions.” LHA does not organize or regulate these activities or excursions in any manner. They are not included in your contract with LHA, even if we propose or recommend certain operators/centers/trips and assist you in arranging such activities or excursions. As a result, LHA cannot accept any responsibility for these outside activities and excursions. We operate exclusively as booking agents when we create or accept bookings for or from you for any activity or trip offered. Your contract for any such activity or trip (Regardless it is marketed or referenced in our brochure, resort, website, or elsewhere) will be with the activity or excursion provider or operator. LHA has no responsibility for any such activity or excursion, as well as any acts or omissions by the provider or operator, their employees or agents, or any other individuals involved in the activity or excursion. If we are found to be accountable in any way for any such activity or excursion, as a booking agent, our responsibility is limited to the cost of the activity or excursion in concern.
Please keep in mind that the infrastructure of the countries you visit may not be up to par with that in your home country. Some resorts may encounter power outages or water shortages on occasions. We shall not be liable for any injury, sickness, death, loss (including loss of enjoyment), damage, cost, expense, or any other amount or claim of any kind resulting from any of the following:
a) The fault of the affected persons or any members of their party.
b) The fault of a third party that is not connected with the booking of your travel, which we could not have predicted or avoided.
c) Force majeure and like events.
d) The fault of anyone that is not related to our operations at the time of booking.
This paragraph does not change clause 10’s responsibility restrictions, but it should be understood to further limit LHA’s obligation to you.
Furthermore, we will not be liable if you do not enjoy your travel or have problems as a result of
- A reason you did not tell us about upon your booking
- Any problems you experienced that were not caused due to a breach of our contract
- Other faults of ourselves or our suppliers or agents
- Any losses, costs, expenses, or other sums you have incurred that were not caused as a result of a breach of our contract
- Other faults of ourselves or where we, our suppliers or agents were responsible for them.
Our suppliers, such as accommodation or transportation providers, have their own booking conditions or carriage conditions, which are binding between you and the provider. Some of these terms may reduce or eliminate the responsibility of the applicable transportation providers or other suppliers to you. Copies of such terms can be obtained from any of the relevant vendors’ offices. It’s also worth noting that the carrier will depend on its terms of carriage, which may restrict or eliminate the carrier’s obligation to you and compensation under international conventions. LHA accepts obligation as stated above only if we are notified in writing of a claim within one month after your return.
12. Carriers
The terms and conditions of the carriers with whom you are travelling, as well as international treaties, apply to air and sea transportation. LHA bears no responsibility for cancellations, strikes, schedule changes, diversions, technical difficulties unrelated to LHA, lost or mislaid luggage, rescheduling charges, missed accommodations, or delays caused by any carrier’s operational decision. LHA takes no responsibility for death, injury, or disease resulting from air or sea transportation.
13. Your Responsibility
You must verify that all of your travel paperwork, passports, visas, and vaccination certificates are in order and that you have followed your primary care physician’s instructions on inoculations. LHA will provide broad guidance, but it will not be held liable if you do not comply with current regulations before departure. LHA has no responsibility for any general advice offered prior to the start of the trip. You are responsible for checking in on time for all flights and presenting oneself to take up any pre-booked travel components. If you fail to complete any part of your trip or lose your travel papers, you will not be offered any refund. LHA would like to bring your attention to the fact that all of the journeys we provide come with some inherent hazards, which you must accept at your own risk. If you’d want to talk about any of these concerns with us, we’d be delighted to provide you with advice over the phone or in writing.
14. Insurance
Clients are insured with Public Liability insurance through LHA for all the destinations and the level of cover may be vary from destination to destination based on the local tourism rules and regulations. The maximum of benefit will be the insured amount under public limited liability and the final grant is based on Insurer evaluation and LHA doesnโt have the right to demand anything above the insurers grant agreed, and all the clients must agree to that paying the invoice for travel.
15. The Law
Your contract with LHA includes the above booking terms and conditions, as well as any correspondence. The Democratic Socialist Republic of Sri Lankaโs laws will control and interpret this contract and any issues that may arise from it.
16. Waiver of Claim against Introducer
If you were recommended to us by someone else (such as a travel agency), you agree to hold them blameless and waive any and all claims against them. Any problems you have must be reported to us and resolved according to the terms of our agreement.
17. Waiver of Claim against Introducer
ย If you encounter a problem while travelling, please notify the appropriate organizer (camp/hotel manager/service provider) as soon as possible, and they will make every effort to resolve the situation. If your concern cannot be handled locally, you must notify LHA in writing (mytravel@luxuryholidaysasia) / WhatsApp (0094-706097559) immediately before leaving the premises / activity. We will not accept responsibility if you do not follow this method since we will have been deprived of the chance to investigate and correct the problem.
18. Intellectual Property
All information, content, text, graphics, images, videos, documents, and other materials made available through your use of our Site or the Services is owned, licensed, or otherwise controlled by LHA. All our content is protected by Sri Lankan and international copyright and other intellectual property or proprietary rights laws.
19. Miscellaneous
Any purchases of products or services made while on the trip are completely at your responsibility, including, without limitation, failure to ship, defects, or damage to items while in transit, regardless of whether the purchase was made from a guide, other person delivering trip services, or any third party. In case if you are injured or become ill during your travel, LHA may attempt to arrange medical treatment, evacuation, or any other emergency services on your behalf, at your expense, to ensure the necessary safety and well-being. However, we do not accept responsibility for the quality or adequacy of such treatment, evacuation, or services. You are solely responsible for your luggage. LHA, as well as your local tour operators and/or service providers, retain the right to remove anybody from a trip without refund who acts in a manner that it deems harmful or disrespectful to other passengers or others and/or who refuses to follow the instructions of his or her guide(s).