General travel and usage conditions
The following travel and usage conditions, which have been in force since October 1, 2021, are part of the contract and regulate the legal relationship between you (customer) and us (Travel Zeylan). They serve for the transparent presentation of the rights and obligations in the contractual relationship between the contractual partners.
These travel and conditions of use apply to
Part 1. Travel services
- Round trip or short trip as a complete package
- Individually arranged round trip
- Rent a vehicle with a private driver
Part 2. Renting a holiday home
Travel Zeylan is a company based in Sri Lanka (Travel Zeylan | c / o Ocean Garden Luxury Villas | 80500 Galle Road | Warahena | Bentota | Sri Lanka) under the business registration number 1/1/40 / 2018-10-02 / 11th
Travel Zeylan arranges travel services and vacation rentals from external providers on site and works without international partners or intermediaries.
Part 1. Conclusion of a contract for a travel service
1.1. Conclusion of a contract
The customer receives a non-binding, free offer for the requested service no later than 48 hours after receipt of a booking request, to which Travel Zeylan is bound for 5 days. If the customer accepts the offer, he informs us informally, but absolutely in writing (by email [email protected] ).
The contract is concluded when the customer receives the booking confirmation / invoice from Travel Zeylan. The customer is obliged to check the contract and the travel details contained therein immediately and to notify Travel Zeylan of any errors in writing (by email [email protected] ).
By accepting the offer or making the down payment / payment, the customer accepts the present travel and conditions of use of Travel Zeylan.
If Travel Zeylan has not yet received a confirmation of the service from them at the time the contract is concluded with the customer for individual services from third parties that are part of this contract, the contract between the customer and Travel Zeylan for the service in question will only come into effect at the time for which Travel Zeylan has concluded the contract with the third-party provider. Travel Zeylan will inform the customer immediately that the contract has been concluded.
External providers such as hotels or transport companies are not entitled to make agreements with the customer that differ from the contract and that change the content of the travel contract concluded between Travel Zeylan and the customer.
The customer assures that at the time of the conclusion of the contract he has reached the age of 18 and has full legal capacity. The customer is obliged to provide complete and correct information about himself and to keep it up to date.
The customer making the booking is liable for the contractual obligations of fellow travelers on whose behalf he is making the booking, as for his own.
1.2. Payment of a travel service
After accepting the travel offer, the customer transfers the deposit shown there or the complete travel price to the account of Travel Zeylan within the specified period:
- When booking 20 days before departure or later, the full travel price is due immediately.
- When booking between 59 and 21 days before departure, the customer pays 20% of the travel price. The remaining amount is due 20 days prior to arrival.
- When booking earlier than 60 days before departure, the deposit is also only due 59 days before departure. The remaining amount is due 20 days prior to arrival.
Due to Sri Lankan foreign exchange regulations, Travel Zeylan cannot reimburse any down payments that have been made once. Therefore, we ask for a deposit no earlier than 60 days before arrival and advise you to take out travel cancellation insurance.
If the customer does not make the down payment and / or the final payment on time, Travel Zeylan is entitled to withdraw from the travel contract and to charge the customer with cancellation costs in accordance with point 6. The receipt of payment by Travel Zeylan is decisive for the timeliness of the payments.
When converting the travel price shown on the website in EURO into Sri Lankan Rupees (LKR), Travel Zeylan uses the current exchange rate of the Central Bank of Sri Lanka on the day the offer was prepared. This exchange rate remains binding for all subsequent invoices from Travel Zeylan in connection with the trip booked by the customer.
Since Travel Zeylan works without international partners, payments can only be made directly to our bank account in Sri Lanka. The cost of the international money transfer is included in the tour price. The travel price listed on the booking confirmation / invoice must be transferred to our bank account without any deductions.
Travel Zeylan confirms receipt of payment with a booking confirmation / invoice. This makes the booking binding.
The customer usually receives the travel documents immediately upon receipt of the remaining amount, but only if the due travel price has been paid in full.
1.3. Contractual services and prices
The scope of the contractual services and their prices result from the offer accepted by the customer and the detailed travel documents (tour description / travel plan), the booking confirmation / invoice, including the customer’s individual wishes listed there.
If a return flight cannot be reached on the day of the end of the journey due to an early departure time, the program must either be shortened accordingly on the last day of travel without reimbursement of costs, or another overnight stay booked at the customer’s expense.
Unless expressly stated otherwise on the booking confirmation / invoice, prices apply when booking accommodation per person in a double room.
Family trips can be booked for 3 or more people, including a child under 16 years of age. Family tours are carried out in a minivan.
Optional or additional excursions, expenses of a personal nature, food and drinks in addition to the contractually agreed meals, fees for photo permits and the costs for international money transfer are not included in the prices.
If an airport transfer from the last booked accommodation is required after the end of the holiday stay, this can be booked for a fee.
At the customer’s request, the travel routes of the complete packages can be slightly deviated from. Additional kilometers driven are then documented and billed according to the speedometer.
Accommodation is available in the following comfort classes:
- Budget (typical for the country)
- Standard (3 stars)
- Comfort (4 stars)
- Luxury (5 stars).
Depending on the customer’s wishes or the travel route, the trips may also include unusual accommodations such as tents or tree houses that cannot be clearly assigned to a comfort class.
If accommodations of different comfort classes (“mixed”) are requested, Travel Zeylan will mix them according to availability at the locations visited by the customer. Travel Zeylan cannot guarantee the availability of the accommodations requested at the time the offer is prepared. If accommodation is no longer available in the period between the preparation of the offer and confirmation by the customer, Travel Zeylan will offer other, equivalent accommodation.
1.3.2. Rent a vehicle with a private driver
The start and destination of the Sri Lanka tours, and the chauffeur service (vehicle with driver) is, unless otherwise stated in the itinerary, the Bandaranaike International Airport in Colombo or the first and / or last hotel of the tour in the south and west coast (between Negombo and Galle). Transfers requested by the customer from other locations to / from the start / end point of the round trip will be billed to the customer additionally.
The minimum rental period when booking the chauffeur service is 3 days. The rental period cannot be interrupted for individual days. When booking an additional German-speaking guide, a minivan must be booked for 3 or more people.
The prices include all costs for the vehicle according to the offer, as well as the costs for accommodation and food for the driver or driver and guide.
1.4. Performance changes
Deviations of essential travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which Travel Zeylan has not brought about in good faith, are only permitted if the deviations are not significant and do not affect the overall design of the trip. Travel Zeylan is obliged to inform the customer about significant changes in service immediately after becoming aware of the reason for the change.
Should the customer want to change these or individual parts of the trip after confirming the travel dates, Travel Zeylan will endeavor to implement this at the lowest possible cost. However, there is no entitlement to change. The additional costs for any changes are to be borne in full by the customer.
There is no entitlement to a credit or a refund for services not used by the customer if the customer does not make use of the confirmed travel arrangements.
1.5. Price changes after the conclusion of the contract
Travel Zeylan reserves the right to pass on the price agreed in the travel contract to the customer in the event of an increase in costs or charges for certain services relating to the travel contract such as transport (e.g., fuel) or for taxes and fees. Travel Zeylan must inform the travelers of this immediately.
1.6. Cancellation by the guest
The customer can withdraw from a trip at any time before the start of the trip. The withdrawal must be declared in writing. The receipt of the declaration of withdrawal by Travel Zeylan is decisive for the time of withdrawal. Failure to start the trip is generally considered a withdrawal. If the customer withdraws from the travel contract or if the customer does not start the trip, Travel Zeylan can demand reimbursement of the expenses incurred and the travel arrangements made. When calculating the cancellation fee, possible saved expenses and possible other uses of the travel services are considered. The compensation is calculated as follows:
- Cancellation 20 days before departure or later: 100% of the travel price
- Cancellation between 59 and 21 days before departure: 20% of the travel price
- Cancellation more than 60 days before departure: no fees
In the case of canceled, tailor-made travel plans (individual planning), we reserve the right to charge additional administrative costs of up to 5% of the total booking expense when calculating the reimbursable costs in the event of cancellation.
The customer is not entitled to changes regarding the travel date, the travel destination, the place of departure, the accommodation or the type of transport (rebooking) after the conclusion of the contract. Travel Zeylan will, however, endeavor to meet the wishes of the customer.
1.8. Termination due to special circumstances
Travel Zeylan is entitled to withdraw from the travel contract for an important reason, for example if the travel process is permanently disrupted or endangered by the customer and which cannot be remedied even after a warning. The cancellation can take place before and during the trip. In such a case, we are entitled to a claim for damages in the amount of the cancellation fee. The customer expressly reserves the right to prove to TZ that no or only minor damage has occurred.
If the trip is significantly impaired, endangered or made more difficult by force majeure, which was not foreseeable when the contract was concluded, both the customer and Travel Zeylan can terminate the travel contract. Payments that have already been made cannot be reimbursed but remain as credit for future trips.
1.9. Rights and duties of the tour guide
The tour guides or local representatives (drivers or tour guides) named in the travel documents are instructed by the tour operator to receive notifications of defects and requests for remedial action during the trip and to take remedial action if this is possible or necessary. You are not authorized or authorized to recognize claims for price reduction or compensation with effect against Travel Zeylan.
1.10. Rights and obligations of the traveler in the event of a defective trip
The customer is obliged to report any travel deficiency that has occurred immediately. The customer can then request remedial action within a reasonable period. Travel Zeylan can refuse remedy if this requires disproportionate effort. If a remedy would be possible with reasonable effort and this is not provided by Travel Zeylan within the period, the customer can remedy the situation himself and demand reimbursement for necessary expenses. For the duration of a non-contractual service, the customer can assert a claim to a reduction in the travel price (reduction). The claim does not apply if the customer culpably fails to report the defect immediately.
All disputes between the customer and Travel Zeylan that arise as a result of complaints will be referred to an arbitration tribunal after 30 days in accordance with the arbitration rules of the ICC. The language of the arbitration is English. The place of arbitration is Colombo, Sri Lanka.
Travel Zeylan acts as an intermediary for services from external providers such as hotels, restaurants, sights, transport companies (airlines, trains, buses, rental cars), travel guides, rafting, boat tours, trekking and other providers of leisure and sports activities.
Travel Zeylan assumes responsibility for ensuring that the trips booked by the customer are carried out as described and that the services to be contractually provided by Travel Zeylan are provided within an appropriate framework.
All bookings with Travel Zeylan are subject to the limitations of liability that apply to the external providers involved in travel planning. The terms and conditions of the respective external provider can be viewed on the website of the respective company.
Travel Zeylan is not responsible for
- Loss of and damage to baggage or other property
- for injury, illness or death,
- for damage or claims arising directly or indirectly from accidents, loss or damage to persons or property, delays, transport failures, strikes, war, force majeure and so on,
- a loss resulting from or due to the travel arrangement.
Travel Zeylan assumes no liability for any damage to property, personal injury, loss, accident or inconvenience caused by the culpable, negligent or unauthorized act or omission of third parties and / or their employees.
Visits to national parks and participation in safaris are carried out at the customer’s own risk. Likewise, all excursions as well as sporting or adventure activities such as rafting, or climbing are carried out at the customer’s own risk.
Part 2. Conclusion of a rental agreement for a holiday accommodation
When the customer makes an inquiry or a reservation through Travel Zeylan, he accepts these terms and conditions and the rental conditions and agrees to them.
Travel Zeylan provides an online platform on this website through which owners can offer holiday accommodation for reservation. By making a reservation via the website, the customer enters a direct, legally binding contractual relationship with the respective owner. Travel Zeylan sends the details of the reservation to the owner and sends the customer a confirmation email for and on behalf of the owner and is not a party in the direct, legally binding, contractual relationship between the customer and the owner.
2.1 Reservation of a vacation home
To reserve a vacation rental, the customer must pay a non-refundable deposit equal to 20% of the total rental price. Upon receipt of the confirmation email and deposit, Travel Zeylan will send a confirmation voucher to the customer on behalf of the owner. The reservation is only effective after receipt of the required payment.
Reservations can only be accepted from customers who are 18 years of age or older at the time of reservation.
2.2 Price and payment of a vacation rental
The following services are included in the rental prices for holiday accommodation, unless otherwise stated in the offer:
- Use of a furnished and fully equipped holiday accommodation for the duration of the period specified in the confirmation voucher.
- Household linen, crockery, cutlery and electrical household appliances. All vacation rentals are privately owned, so furnishings, colors, and inventory can vary.
- Costs for water, electricity, gas, pool and garden maintenance
- Final cleaning of the holiday accommodation after departure
The prices do NOT include the following services:
- Costs for telephone calls.
- Any optional services not previously specified and billed.
- Travel insurance, health insurance or liability insurance of the customer.
The balance of the rental price for a holiday home is payable directly to Travel Zeylan prior to arrival (usually 20 days prior to arrival). If payment is not received on time, the landlord reserves the right to cancel the reservation and refuse access to the holiday home.
2.3 Changes and cancellation when renting a holiday accommodation
Vacation rental reservations cannot be canceled or changed. In any case, the owners will endeavor to accommodate changes in dates of stay if they are informed by the customer at least 60 days prior to arrival. Any payments already made are non-refundable. Any modification or refund of the customer’s reservation is subject to an administration fee of € 100.
The customer is responsible for obtaining travel insurance that will cover all costs in the event of unforeseen circumstances.
2.4 Conditions for staying in a holiday accommodation
The rental period starts at 3 p.m. on the first day and ends at 11 a.m. on the last day of the rental period. Other arrival and departure times can be agreed individually with the landlord. However, the landlord is not obliged to make the accommodation available before the specified time, and the customer is not entitled to continue to occupy it after the specified time.
If the customer does not appear on the day of arrival by 10 p.m., the contract is deemed to have been terminated after a period of 48 hours without notification to the owner. The owner or his representative can then freely dispose of the property. A (partial) repayment of the rent due to early departure will not be made.
Special requests and ancillary agreements are generally possible. They require written confirmation from the owner.
The maximum number of people staying in the holiday accommodation may not exceed the number indicated on the website without the express permission of the owner.
The owners reserve the right, at their sole discretion, to refuse service or rental to anyone.
On arrival and departure, the condition of the holiday home and the inventory can be recorded by the owner. If no record is made of the condition and inventory, the vacation home and inventory will be in good condition of use.
The landlord of the holiday accommodation can ask for a reasonable deposit for the house upon arrival. The deposit will be refunded in full upon departure provided there are no breakages, damage, missing items, no additional cleaning for unusually soiled vacation rentals, no long distance calls on the vacation rental’s phone, and no other charges made before, during, or after Stay of the customer or his party are still open.
Regardless of the existence or the amount of the damage deposit, the customer always undertakes to pay the landlord the cleaning or replacement costs for all damage to personal property or the holiday accommodation that has arisen as a result of occupancy, apart from normal wear and tear.
The customer is obliged to notify the landlord immediately of any defects in the holiday accommodation or the failure of systems, machines or devices in the holiday accommodation so that a repair and / or replacement can be initiated as soon as possible.
The holiday accommodation is provided exclusively for tourist purposes and any commercial use of the holiday accommodation is strictly prohibited. The customer declares and guarantees that he is only renting the holiday accommodation for tourist purposes and under no circumstances may he establish a residence at this address.
The customer understands and agrees that they are solely responsible for compliance with all laws, rules and regulations that apply to their use of the website. As a result, the customer undertakes not to engage in any illegal, unauthorized, immoral or business-related activities in the holiday home.
The customer undertakes to be a considerate tenant, to treat the holiday accommodation with care and to leave it in a clean and tidy condition at the end of the rental period. The customer undertakes to always lock the windows and doors of the holiday accommodation securely when he is not in the premises and must carefully secure all personal belongings. It is forbidden to attach objects to the walls and to move furniture and devices.
The customer is obliged to comply with the rules and regulations applicable to the holiday home in which he is staying he must not cause excessive noise or other disturbance that could disturb the neighbors, and he must comply with the rules for the use of everyone’s common areas The residential building.
Photos and text on the website or in the flyer serve as a realistic description. The 100 percent match with the rental property cannot be guaranteed. The owner reserves the right to change the equipment (e.g., furniture) provided they are equivalent.
Travel Zeylan’s vacation rental brokerage service is to connect the customer with the owners of a vacation rental, but it is not intended to provide accommodation services, travel brokerage services or any act in any way other than Act of an accommodation provider or a travel agency can be interpreted to offer.
It is up to the owner to offer the customer accommodation services in the holiday accommodation, and it is up to the customer to accept these accommodation services in the holiday accommodation. Travel Zeylan is neither responsible nor liable for the acts and / or omissions of any owner and / or any accommodation service made available to the customer, nor for any travel agency services made available to the customer by a third party.
Travel Zeylan shall not be liable for events that are beyond its control that may affect the planned occupancy by the customer, including, but not limited to, force majeure, pandemics, acts of government agencies, fire, strikes, terrorism, war, bad weather, floods, Disturbances or noise that comes from outside the holiday accommodation, such as private or public construction work, traffic, animals or neighbors. In these circumstances, the company will not offer a discount or refund.
Travel Zeylan can organize transport for the customer. The transport is carried out by providers who work independently of the website and / or the company. Travel Zeylan will not be liable for any property damage, injury, accident, death, delay, cancellation or irregularity that occurs during such transportation, including but not limited to damage resulting from either a defect in a vehicle, ferry or airplane, or due to are caused by actions of a company or by persons who transport the customer. In addition, the provisions for travel services set out in these travel and conditions of use apply to the transport.
Travel Zeylan shall not be liable to the customer for any injury, loss of limb or life to the customer, a member of the group or a visitor to the customer in a holiday accommodation during the rental period. The customer assures and guarantees that he and all members of the group have adequate travel, health, personal protection and liability insurance for the duration of the stay in a holiday accommodation and the exercise of the activities as well as for the transport during the trip.
The customer acknowledges that the use of some facilities, in particular the swimming pool, the terraces and the stairs, as well as the furnishings and appliances, in the kitchen and bathroom (the “Facilities”), can be dangerous. The customer and the members of the group are fully responsible for taking all precautions before using the facilities. Travel Zeylan cannot be held responsible for any death or injury resulting from or related to the use of the facilities.
In no event shall Travel Zeylan’s total liability arising out of or in connection with these Terms and Conditions and the customer’s use of the website exceed, including, but not limited to, the customer’s reservation of a vacation rental through the website or use of the website by the customer or the inability to use the website and in connection with accommodation in a holiday home, the amounts paid by the customer for reservations made through the website in the twelve (12) months prior to the event giving rise to liability has, or € 100 if no such payments have been made.
Part 3 Other provisions
3.1 Passport, visa and health regulations
The customer is responsible for procuring and carrying the travel documents required by the authorities, any necessary or prescribed vaccinations and compliance with customs and foreign exchange regulations. Disadvantages that arise from non-compliance with these regulations (e.g., payment of cancellation costs) are at his expense.
Travel Zeylan currently only offers travel services in accordance with Part 1 of these Travel and Use Conditions for people who have been fully vaccinated against Covid-19. The customer must provide proof of the vaccination, without being asked, with a copy of the vaccination certificate when booking the travel service. Falsified information on the vaccination status led to the cancellation or interruption of the trip. Payments already made will not be reimbursed. Payments made in advance by Travel Zeylan to third parties, such as hotel reservation fees, will be invoiced in full. In addition, there is a cancellation fee of 25% of the travel price.
Some of the travel services offered by Travel Zeylan are not suitable for people with reduced mobility. If the customer or a person traveling with them is restricted in their mobility, the customer is obliged to inform Travel Zeylan of this before concluding the contract.
3.2. Travel cancellation insurance / travel health insurance
Travel cancellation insurance is not included in the travel and rental price. Travel Zeylan strongly recommends that its customers take out such insurance. The customer should note that travel cancellation insurance must usually be taken out immediately after the conclusion of the contract.
Travel health insurance is also not included in the travel and rental price. Travel Zeylan strongly recommends that its customers take out such insurance. The customer should note that travel health insurance must usually be taken out immediately after the conclusion of the contract.
The collection and processing of all personal data takes place, although Travel Zeylan is a company under Sri Lanka law, according to European standards. Travel Zeylan follows the rules of the European General Data Protection Regulation (GDPR). Please find out more under data protection on the website.
3.4. Language and Applicable Law
These conditions are subject to the laws of the Democratic Socialist Republic of Sri Lanka and are to be interpreted accordingly, regardless of the provisions of the conflict of laws.
The customer hereby acknowledges that he is submitting to the exclusive jurisdiction of the courts of Sri Lanka and declares that he agrees to this.
Travel Zeylan’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will continue in effect. These terms and conditions constitute the entire agreement between Travel Zeylan, and the customer relating to the use of the website and any reservation and supersede all previous agreements between the customer and Travel Zeylan relating to the website or any reservation.
3.5. Severability Clause – Changes
Should one or more of the provisions of these Travel Terms and Conditions of Use be found to be invalid, illegal or unenforceable by a competent court, this shall not affect the validity, legality and enforceability of the remaining provisions of these Conditions.
Travel Zeylan reserves the right to change or replace these terms and conditions at any time at its own discretion. If a change is material, Travel Zeylan will try to announce the new terms at least 30 days before they come into effect. What constitutes a material change will be determined at Travel Zeylan’s sole discretion.
By continuing to access or use the website after these changes come into effect, the customer declares himself to agree with the revised terms. If the user does not agree to the new conditions, he must stop using the website.
As of October 1, 2021