Terms and Conditions

It is confirmed that by accessing, browsing and using our website or any of our applications that are part of this website, (hereafter collectively referred to as the “website”) and/or by completing a booking or reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (This includes the privacy statement that is part of the terms and conditions).

While we reserve the right to amend these terms and conditions from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone it might be noted that these pages, the content and design of these pages, and the online booking and reservation service provided on these pages and through the website (the “service”) are owned, operated and provided by www.visitkalpitiya.com owned by Visit-Kalpitiya and are provided for your personal, non-commercial use only.

1. Scope of our Service
Through the website www.visitkalpitiya.com, We  provide an online platform through which all types of tours in Kalpitiya & Sri Lanka/accommodations/travel can be booked. By making a booking through www.visitkalpitiya.com, you enter into a direct (legally binding) contractual relationship with the tours/accommodation/air ticket provider at which you book.
All our services are made available for personal and non-commercial use only. You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information in this for any commercial or similar competitive activity or use.

2. Prices
We consider and pride that our prices are highly competitive for the value. All prices are displayed on our website.
The currency converted is the best average rate we have considered for transactions and may differ. You can opt for any of them and no disputes whatsoever shall be entertained by us on this.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.

3. Privacy and Cookies
visitkalpitiya.com respects your privacy. Please take a look at our privacy and cookies policy for further information.

4. Credit Card
For certain rates or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the details thoroughly for any such conditions prior to making your reservation/booking.

5. Cancellation
By making a reservation/booking for tour/travel with a provider, you accept and agree to the relevant cancellation and no-show policy of that accommodation provider, and to any additional (delivery) terms and conditions of the provider that may apply to your reservation or during your stay, including for services rendered and/or products offered.
Please note that certain rates or special offers are not eligible for cancellation or change.
Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) in so far the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the accommodation and the reservation.
Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the provider agrees or allows otherwise.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein.
Cancellation policy:
It is important you know our cancellation policy given below.
Tours: We insist that upon getting confirmation of any of the tours deal done with us the prices will remain valid only for one month from the date of purchase.
No refund and change of date can be allowed if done within last 24 hrs it is due.
However, you can change the date on or before a week (168 hrs) from the due date of booking or cancel and get 50% refund if the cancellation is made before at least one week in advance.
You can change date and or get refund up to 75% if done earlier than two weeks to the scheduled tour date.
For rescheduling your tour you can quote the reference number and with the copy of receipt you got at the time of booking send us an email to info@visitkalpitiya.com with the new date you propose. One of our staff will call you in 24 hours’ time and confirm your booking with a follow up mail.

Hotel booking:
For hotel accommodation booking, cancelation will be charged 50% for all cancellations 24 hours before date of booking,; no refund will be done if the cancelation is done within 24 hours on the confirmed date of booking.
Visa:
NO refund shall be provided for Dolphin Watching/Diving/Snorkeling packages booking.

Travel: Cancellation and refund policy will vary according to the provider’s policy and the same shall be applicable. The details of this should be ascertained and confirmed by you at the time of booking itself.
For any clarification or support call us ………or email us to info@visitkalpitiya.com

6. Further Correspondence
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you certain relevant information and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.

7. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for

(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website,
(iii) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Whether the property you stay at charges you (or has charged you) for your room, or we are facilitating the payment of the room price, you agree and acknowledge that the property is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities. www.visitkalpitiya.com, is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.

8.Photos, images and videos.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that www.visitkalpitiya.com, may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as www.visitkalpitiya.com at its discretion sees fit. You are granting www.visitkalpitiya.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sub license, communicate and make available the photos/images as www.visitkalpitiya.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to www.visitkalpitiya.com publishing and using these photos/images. www.visitkalpitiya.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of www.visitkalpitiya.com. www.visitkalpitiya.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by www.visitkalpitiya.com at any time and without prior notice.

9. Intellectual property rights
Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by www.visitkalpitiya.com its suppliers or providers.

www.visitkalpitiya.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to www.visitkalpitiya.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

10. Miscellaneous
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Emirati law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Dubai, United Arab Emirates.

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting English language) or shall be sent to you upon your written request.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.