Terms & Conditions
TERMS AND CONDITIONS
No 36 Lighthouse Street, Fort, Galle, Sri Lanka
Eden Villas Management (PVT) Ltd, 485 Matara Road, Dalawella, Unawatuna, Galle, Sri Lanka
(a) A non-refundable deposit of 10% of the total value of your booking is required to reserve your booking unless otherwise agreed in writing with Kshithijaya Holdings (PVT) Ltd or our Managing Agent. If the booking is partly or wholly within a peak period the non-refundable deposit is 25% of the total value of your booking.
(b) Balance payment to be paid no less than 30 days prior to the arrival date. If the booking is partly or wholly within a peak period the balance payment to be paid no less than 60 days prior to the arrival date.
(c) Where an alternative payment schedule or deposit/balance ratios have been agreed in writing with Kshithijaya Holdings (PVT) Ltd or our Managing Agent, the payments must be received by the dates agreed. In all circumstances, no reminder will be sent and failure to pay on time may result in the loss of the booking.
(d) Your booking is not considered confirmed and no contract will exist between you and Kshithijaya Holdings (PVT) Ltd until we receive a deposit from you, regardless of any verbal, written or email conversation or correspondence you may have had with a principal or representative of Kshithijaya Holdings (PVT) Ltd or our Managing Agent.
(e) We will not accept a booking where the number in your party exceeds the number that the villa accommodates. We reserve the right to refuse entry to the villa or to ask you and your party to vacate the villa if this situation arises or if the number of guests in your party exceeds that for which your booking has been made for. No refunds will be payable under these circumstances.
(f) (i) For villa bookings a security deposit equal to one day’s rent will be payable on your arrival by way of cash. This deposit will be used as security for any damages and/or charges incurred by you or your guests during your stay. This amount less any chargeable items will be returned to you upon your departure however this does not limit your liability for any defects or damages discovered after your departure, deemed to be the responsibility of you and/or your guests.
(ii) If the charges cannot be determined at the time of departure, Kshithijaya Holdings (PVT) Ltd or the Managing Agent are entitled to withhold a reasonable estimate from your security deposit and will return any balance as soon as the actual cost has been determined.
(i) Supplementary food charges will apply for any additional guests that you might invite for meals at the villa, the number of which must be within the overall accommodation capacity of the villa including the guests in your party. Such charges to be settled during your stay.
(j) You agree:
(i) not to make any change or alteration to the villa or fix anything to the walls or damage it in any way or remove any of the furniture or effects or carry out any redecorations.
(ii) not to use the villa other than as a private holiday residence for the people specified on the booking form and that the number of people staying overnight at the villa may not exceed the number (adults and children) given at the time of the booking confirmation, without prior written agreement from Kshithijaya Holdings (PVT) Ltd or our Managing Agents.
(iii) not to behave in a way that might conceivably cause embarrassment to the owner or neighbours or others sharing the property.
(iv) to pay for the washing or repair of any item in the boundaries of the property which is soiled or damaged during your stay except for reasonable and normal wear and tear.
(v) to allow us or our representatives with or without workmen to enter and view the property on reasonable notice (except in the case of emergency where no notice shall be necessary) to carry out repairs which may be necessary during your stay.
(vI) not to sublet the property.
(vii) not to ask any of the staff to leave the property other than in order to purchase food or goods that you have reasonably requested and they having agreed to do so you having provided the funds to carry out such purchase. If at any time during your stay you break any of your obligations then then we and/or our Managing Agent can re-enter the property and your villa rental will immediately end without prejudice to any other rights and remedies that we and/or our Managing Agent may have.
(a) The prices quoted on our website for bookings are in US dollars. For villa rental or retreat prices quoted in pounds sterling the US dollar conversion amount will be provided at the time of booking. The price is the exact amount to be received by us, irrespective of fluctuations in currency and irrespective of any third-party transfer charges. If you choose to pay by electronic transfer, please instruct your bank to charge all costs to you in order to avoid a shortfall in the amount that we receive.
(b) Bank to bank transfer payments: we will email you our banking details on request.
(c) Kshithijaya Holdings (PVT) Ltd and our Managing Agent reserves the right to offer discretionary discounts and this does not affect the status of any guests who have paid the full price and no discount will then become due to you.
3. Arrival / Departure Times:
Arrival time is not before 2.30pm, departure time is no later than 11am. Early check in and late check out may be arranged but are subject to availability and may incur additional costs.
4. Your Travel Arrangements:
All travel arrangements are your responsibility and at your own cost, including the application and cost of any travel visa’s required. We shall not be held liable for any consequences arising from delays or cancellations in any of the companies you may have made arrangements with, or for any irregularities in your documentation required for travel. Transfers to/from the villa are at your own cost, unless otherwise specified.
5. Insurance & Health
(a) YOU MUST HAVE FULL COMPREHENSIVE TRAVEL INSURANCE TO COVER THE ACTIVITY OF THIS HOLIDAY. You need to have your own travel insurance and provide us with those details in case of emergency. Your insurance should cover you for cancellation, sickness, losses and all the usual risks.
(b) You should also consult a doctor to check that you are sufficiently fit and healthy to undertake yoga classes and other physical activities that we arrange at your request.
(c) Please be sure to advise us of any health conditions and all medications you are taking before you book. If you experience any injury or discomfort during any activity during the retreat, then you must desist immediately and consult a member of the Om Ceylon team. We reserve the right to decline your application to stay at Meda Gedara for the Om Ceylon Retreat. If you do not advise us of your health conditions we reserve the right to cancel your booking and your payment is forfeit. If you have health conditions that may be affected by the activities offered by Om Ceylon Retreats we reserve the right to advise you to desist and in the interests of your wellbeing we may decline your stay at Meda Gedara.
(d) Whilst all measures are taken to ensure a high standard of health and safety, we are situated by the sea where the terrain up to the accommodation and yoga shala can be uneven and we shall not be responsible for any injuries caused by uneven terrain.
6. Cancellation and amendments by you:
You (or any member of your party) may cancel your booking at any time, providing that the cancellation is made by the person submitting the booking form and is notified to us or our Managing Agent in writing. Cancellation will take effect the day such notification is received by us and cancellation charges are as follows:
(a) If a cancellation notice is received up to 30 days prior to arrival 50% of the payment made at the time of the cancellation will be given as a credit valid for 12 months from the arrival date of the original booking.
(b) During peak periods, 30 days will be added to all cancellation periods.
(c) Any amendments that reduce the total booking or retreat amount will be treated as a partial cancellation and may be subject to the cancellation terms stated above.
(d) If the Government in the country in which you are resident or if the Sri Lankan Government state ‘only essential travel’ or prevent it by airport closure then 100% of the payment will be given as credit valid for 12 months from the arrival date of the original booking.
7. Amendments by Kshithijaya Holdings (PVT) Ltd:
Occasionally, changes may have to be made (e.g. therapist, yoga teacher, or other arrangements), which we reserve the right to do at any time. Changes are usually minor and we will advise you at the earliest possible date. If your accommodation has to be changed, we will do our utmost to provide accommodation of a similar rating. If a significant change becomes necessary, we will inform you as soon as reasonably possible if there is time before your departure.
8. Cancellation by Kshithijaya Holdings (PVT Ltd):
We reserve the right in any circumstances to cancel a retreat or villa booking, in which case we will offer a full refund of all monies paid. Under these circumstances we will not be liable to you or any member of your party for any associated costs or losses, including but not limited to flights, transfers and accommodation. In particular our retreats require a minimum number of at least 50% of the participants to have booked by 2 weeks before the start date. If this minimum number is not reached by that date we may cancel and refund the money to you. In no case will we cancel a retreat less than 2 weeks before the scheduled departure date, except for reasons of force majeure, or failure on your part to pay the final balance. In the event a refund is agreed we or our Managing Agent will first need to sell LKR (Sri Lankan rupee) for USD (payment currency). This currency transaction will be done at the prevailing exchange rate that may be different from when conversion (from USD payment currency to LKR) occurred on the original payment date. This may incur a loss & you accept this waiving us or our Managing Agent of all and any liability for any loss due to this exchange rate in regard to this transaction.
9. Our liability to you:
(a) We accept responsibility for ensuring that the villa and retreats are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard.
(b) We do not accept any liability for cancellations, delays or changes caused by war, threat of war, terrorist actions or threats, closure of airports, civil strife, industrial action, natural disaster, technical problems to transport, staff cancellations by third party operators, unforeseen changes in your personal circumstances or other events beyond our control.
(c) We are not liable for any injuries you may incur. Our therapies and other activities, including use of the waterslide, are undertaken at your own risk. We are not liable for any medical or psychiatric conditions which may develop during or subsequent to the retreat or any other activities. We are not liable for loss of, or damage to, your personal property.
(d) We are not liable for any exchange rate loss that may occur during any full or partial refund transaction.
10. Group Bookings:
Where a booking is made on behalf of several individuals the booking is conditional on the person signing the booking form having authorisation from all the individuals named on the booking form to enter into this contract. A deposit from every group member is required. If any member of the group cannot come for any reason, their deposit is forfeit.
11. Additional conditions for all Retreats
Booking: In order to be accepted on a retreat we may require that you complete and return a health questionnaire.
Contraindications: Anyone with chronic illness should consult with their registered health practitioner before attending. In certain cases we may ask for a letter from your health practitioner to confirm that you are well enough to participate in the retreat.
If you have a problem during your retreat, please inform a facilitator immediately and he/she will endeavour to put things right. Please note that we cannot guarantee the proportion of male/female guests in any group, and we cannot be responsible for individual behaviour.
13. Legal Disclaimer:
The information contained in in our marketing material and websites is for general guidance on matters of interest only. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this sites and marketing material Accordingly, the information is provided with the understanding that the authors and publishers are not herein engaged in rendering professional advice and services. As such, it should not be used as a substitute for consultation with professionals or other competent advisers. Before making any decision or taking any action, you should consult someone at Kshithijaya Holdings (PVT) Ltd. While we have made every attempt to ensure that the information has been obtained from reliable sources, Kshithijaya Holdings (PVT) is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Kshithijaya Holdings (PVT) Ltd, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information provided or for any consequential, special or similar damages, even if advised of the possibility of such damages.
15. Governing Law & Effect Of Partial Invalidity:
These terms and conditions are entered into under Sri Lankan law and the laws of the country shall govern the validity and interpretation of the terms and conditions and the performance due thereafter. Should any section or any part of any section of these terms and conditions be rendered void, invalid or unenforceable for any reason by any court of law exercising competent jurisdiction, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section of this agreement.
16. Arbitration & Legal Fees:
In case of any dispute regarding any terms or performance of these terms and conditions, the dispute shall be subject to arbitration in accordance with rules and regulations then obtaining to the laws and courts of Sri Lanka. Should either party bring a suit to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover court costs and reasonable legal fees.