Annex D2 |
TERMS AND CONDITIONS
APPLICABLE FOR TRAVEL SERVICES PROVIDED BY MACKINNONS TRAVELS (PRIVATE) LIMITED
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1. BOOKING YOUR VACATION
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Persons (“Clients”) booking services (“Services”) provided by Mackinnons American Express Travel shall be deemed to have entered
into a contract with MAET, 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.
Once the Client has made the booking and paid the deposit as provided for
in these Terms and Conditions, MAET shall issue an invoice for the balance
amount payable. Such invoice
shall contain the confirmation of the details of the Client’s booking.
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It is the Clients responsibility to check the details of the Services given
in the invoice and inform MAET of any corrections at the earliest opportunity.
- Tickets are normally available for collection
at the offices of MAET or despatched
to the Client 14 days before date of departure. If
tickets are not received 7 days before date of departure MAET Customer
Services should be contacted on +94 (0) 11 231 8600
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| 2. THE PRICE OF YOUR VACATION |
- The prices of the Services are subject to availability. In order supply Clients with the most cost effective Services, MAET regularly reviews its prices. However, MAET cannot guarantee the availability of a Services at the advertised price. Up to date pricing can be obtained by contacting MAET directly on +94 (0) 11 231 8600.
- A deposit is payable at the time of booking.
MAET 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 MAET to treat
the booking as cancelled and retain the deposit.
- The Client may pay by sending cheques, payable to Mackinnons American Express Travel to
the following address:
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Mackinnons Travels(Pvt) Ltd
No1 Justice Akbar Mawatha,
Colombo 2,
Sri Lanka
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- Alternatively the Client may contact MAET directly to arrange for payment
by credit/debit card or cash.
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| 3. CANCELLATIONS |
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MAET 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 MAET in replacement there of.
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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.
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No refunds will be made until the original travel documents issued by MAET
are returned to MAET offices.
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Cancellation Charges
The cancellation charges are based on the number of days notice
of cancellation MAET 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 |
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| 4. AMENDMENTS TO THE ITINIRERY |
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MAET reserves the right to amend the itinerary or times of the Services
at any time. MAET undertakes
to inform the Client of any major changes to the Services as soon as reasonably
possible.
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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.
- 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.
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| Major Changes |
a) A significant change of resort,
b) A change of accommodation to that of a lower category and / or a price.
c) A change of flight time of more than twenty four(24) hours.
d) A change in the length of the vacation by more than twenty four (24)
hours.
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| 5. The Compensation payable shall be Rs 1000/= per Client. |
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- If the Client wants to amend details of their booking (such as changing
to a different hotel or changing the departure date or airport), MAET shall
use all reasonable endeavours 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.
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| The administration charges are based on the number of days notice of the
amendments MAET receives. |
More the 30 days |
RS. 500/= |
30 – 7 days |
RS. 1, 500/= |
less than 7 days |
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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.
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Some types of Services (such as apartments) are priced according to the
number of people utilising the same. If a member of the Client’s party cancels,
MAET will be compelled to recalculate the cost of the Service based on the
actual number of persons utilising the Service.
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| 6. COMPLAINTS |
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MAET shall use all reasonable endeavours to resolve any complaints from
Clients if,
a) 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
b) The Client has used all possible steps to resolve the complaint amicably
with the provider of the relevant Service; and
c) provided that the Client makes the complaint in writing to MAET within seven
(7) days of occurrence of the event giving rise to the Service.
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The Client hereby agrees to make a claim under his/her insurance policy
to recover any expenses MAET may incur in resolving his/her complaint and
to remit the same to MAET.
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Any disputes remaining unresolved for a period of thirty (30) days may be
referred to arbitration according to 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.
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| 7. LIMITATIONS ON LIABILITY |
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Whilst MAET have no direct control over the way its suppliers provide their
services, all persons employed or contracted by MAET or by its suppliers
are expected to carry out their duties properly.
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The Client acknowledges that MAET is a mere agent for the providers of Services advertised including but not limited to travel services. Any and all claims regarding any failure or breach with respect to the Services must be made against such service providers.
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MAET 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 MAET from any liability with respect to the same.
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In no event shall MAET accept responsibility for any cancellation, disruption,
act or omission which it could not have reasonably foreseen and avoided.
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In any event, MAET liability shall not exceed the price paid by the Client
for the Services provided under these Terms and Conditions.
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| 8. THE TRAVEL SERVICES |
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MAET 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 MAET exercises this right, it will
not be responsible for any extra costs which the Client may have to pay.
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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.
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All Services provided by third parties shall be subject to the individual
terms and conditions of service of that third party.
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The forwarding of special requests including
those of a Client with special needs does not constitute a guarantee that
MAET or any third party provider of Services can meet these.
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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.
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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.
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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.
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| 9. FORCE MAJEURE |
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“Force Majeure” shall means an event which is beyond the reasonable control of MAET, and which make MAET 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.
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| 10. APPLICABLE LAW
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