Terms & Conditions
Last updated: 1st May 2023
Your contract is with Tekanda Properties Limited of registered office: The Coach House, Everleigh, Marlborough, Wiltshire, SN8 3EY, UK. The company registration number is 13247433. These booking conditions, together with our privacy policy, and the written information we brought to your attention before we confirmed your booking (including the policies specifically relating to staying at Tekanda Lodge, Sri Lanka), sets out the conditions of the contract between you and Tekanda Properties Limited and our contractual commitments to each other. It is important that you read carefully all Booking Conditions, including the following terms and conditions as they are the basis of your contract with Tekanda Properties Ltd. Once read, copy and keep with your travel documents.
Definitions
(a) References within the Booking Conditions to “Arrival Dates” means the date the services we have agreed to provide commence.
(b) The references to “you” and “your” means the persons named in the booking (including any person or persons added or substituted subsequently).
(c) “We” “Us” and “Our” means Tekanda Properties Ltd.
(d) References to “Booking Conditions” means these terms and conditions, together with our privacy policy, and the written information we brought to your attention before we confirmed your booking (including policies specifically relating to staying at Tekanda Lodge, Sri Lanka)
(e) References to “Travel Arrangements” means arrangements that we have organised, booked, and received payment for, in relation to your trip.
Terms & Conditions
1 The Contract
1.1 When you make your booking you agree that you have authority to accept and do accept on behalf of yourself and each person named in your booking, the terms of these Booking Conditions. The person making the booking (“the party leader”) must be at least 18 years of age and authorised to do so by all persons named in the booking and the parent or guardian of all party members under the age of 18 years, when the booking is made. The party leader on behalf of themselves and each member of the party consents to the use of information in accordance with our privacy policy.
1.2 The party leader is responsible for making all payments due to us under the booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.
1.3 A contract will exist as soon as we issue a booking confirmation to the party leader. The contract is made in the terms of these Booking Conditions, which are governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so if you are resident in Scotland or Northern Ireland.
1.4 Once you have received your booking confirmation please check this carefully together with all other documents we have sent to you. If any of the information contained within any of these documents is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make later changes to it. We cannot accept any liability if we are not notified of any inaccuracies within 7 days of issue of the booking confirmation to you.
1.5 We reserve the right to refuse to accept bookings in our absolute discretion without stating the reason for doing so.
2 Special Requests
If you have a special request, please advise us or your travel agent at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. Confirmation that a request has been noted will be included on your booking confirmation or upon the acknowledgment of booking. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking.
3 Prices
3.1 We reserve the right to alter the prices of any of the Travel Arrangements shown on our website. You will be advised of the current price of the travel arrangement you wish to book before your contract is confirmed.
3.2 Unless stated otherwise, the price of your travel arrangement includes each and all of the component parts described within your booking confirmation.
3.3 Not included in the price of your travel arrangement is flights, transport, travel insurance, excess baggage charges, tipping and any food or drink or additional excursions or activities which are not confirmed as being part of your arrangements in your booking confirmation.
3.4 If your booking confirmation is for exclusive use of Tekanda Lodge or you are booking three or more rooms, you must pay a deposit of 25% of the total cost of your accommodation or such other deposit as may be notified to you at the time of your booking request or full payment if it is within 60 days of departure. The balance of the price of your Travel Arrangements must be paid by the date shown in your booking confirmation invoice which will usually be 60 days before your arrival date. If the deposit and/or the balance is not paid in time we will cancel your booking and retain the non-refundable component of the deposit and the applicable cancellation fee.
3.5 Changes in the cost of the following mean that the price of your travel arrangement may change after you have booked. However, there will be no change within 20 days of your arrival date.
The price of transportation (if applicable) resulting from the cost of fuel or other power sources;
The level of taxes or fees (if applicable) to the travel arrangement imposed by third parties not directly involved in the performance of your travel arrangement, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports; or
The exchange rates relevant to your package
3.6 You may be charged for the amount of any increase in accordance with this clause plus the administration charge of £1.00 per person. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed Travel Arrangements (excluding any insurance premiums, amendment charges and/or additional services or arrangements) you will have the option of (i) accepting the price increase and pay the requested amount (ii) accepting a change to another trip if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or (iii) cancelling your travel arrangement and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or arrangements which do not form part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of the issue date printed on your final invoice.
3.7 Should the price of your travel arrangement go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that Travel Arrangements that are purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
4 If You Change Your Booking
4.1 If, after we have issued a booking confirmation to you, you wish to change your Travel Arrangements the following will apply.
Changes made to the dates of your booking will incur charges in line with our standard cancellation policy. When changing your arrangements, the price will be based on the price applicable for the revised dates. The price may not be the same as when you first made your booking. If the dates you wish to move your booking to are not available then your booking will be classed as a cancellation and our standard cancellation policy will apply. If you wish to change dates within 30 days of your arrival (or 60 days if booking three or more rooms or the whole Lodge), then your booking will be classed as a cancellation for your original dates and our standard cancellation policy will apply.
4.2 If you or any member of your party is prevented from travelling, that person may transfer their place to someone else subject to the following conditions:
a) That person is introduced by you and satisfies each and all of the conditions applicable to the booked travel arrangement;
b) We are notified in writing of the request for transfer not later than 7 days before departure;
c) You have paid all monies due as the booking conditions specified
d) The transferee agrees to these booking conditions, and all of the terms of the Contract between us.
4.3 You and the transferee will remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, the standard cancellation policy will apply. Otherwise, no refunds will be given to passengers not travelling or for any unused service.
4.4 Any discount you received when you made your original booking may be altered or reduced when changes are made if this discount had subsequently been altered, reduced or withdrawn.
4.5 If you have paid accommodation supplements and the number of people in your accommodation changes you may have to pay extra.
4.6 Any changes to your arrival date, transportation, destination, accommodation or length of travel must apply to all members of your booking.
5 If You Cancel Your Booking
5.1 If you, or any member of your party, cancel your Travel Arrangements at any time, written notification from the person who made the booking must be received by us at our registered office or by email at welcome@tekandalodge.com. Since we incur costs in cancelling your Travel Arrangements, the following cancellation charges will be payable by you. The cancellation charge is a percentage calculated on the basis of the total costs payable by the person cancelling, which are not refundable in the event of cancellation.
5.2 *If your booking is for two rooms or less:
Bookings cancelled 30 days or more prior to the date of arrival: no fee.
Bookings cancelled between 29 and 14 days prior to the date of arrival: 50% cancellation fee.
Bookings cancelled within 14 days prior to the date of arrival: 100% cancellation fee.
No shows: 100% cancellation fee.
Reservations can be modified free of charge (subject to availability) up until 30 days prior to your original check-in date.
*If your booking is for three rooms or more and/or for exclusive use of Tekanda Lodge:
Bookings cancelled more than 90 days of arrival: 25% cancellation fee (your deposit paid on confirmation). Bookings cancelled within 60 days of arrival: 100% cancellation fee. No shows: 100% cancellation fee.
Reservations can be modified free of charge (subject to availability) up until 90 days prior to your original check-in date.
*If your booking is a block-booking of Tekanda Lodge for more than two weeks:
Bookings cancelled more than 90 days of arrival: 25% cancellation fee (your deposit paid on confirmation). Bookings cancelled within 60 days of arrival: 100% cancellation fee. No shows: 100% cancellation fee.
5.3 If reservations are modified, no refunds will be issued if your new reservation value is less than the original reservation value. If your new booking value is greater than the original booking value, the difference will be charged at the time of change.
5.4 If a guest arrives and decides to leave early, the nights not spent will not be refunded.
5.5 Refunds will be processed within 30 days from the date of cancellation and in the same currency as originally paid.
5.6 These are our standard cancellation policies. For certain bookings (events, large groups, 3rd party retreats etc) they may be adjusted. The cancellation policy will be clearly shown in your booking confirmation if it differs from the standard policy above and will take precedent over these standard terms.
5.7 You have the right to cancel your travel arrangement before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your destination or its immediate vicinity and which significantly affects the performance of the holiday we provide. In these circumstances, we shall provide you with an alternative destination, postpone your holiday and in some circumstances a full refund of the monies you have paid but we will not be liable to pay you any compensation. We are obliged to use the current UK FCO advice to guide us in these circumstances.
5.8 For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such floods, earthquakes or weather conditions which make it impossible to travel safely to your destination. We are obliged to use the current UK FCO advice and the WHO to guide us in these circumstances.
6 If We Change or Cancel Your Booking
6.1 Once your booking has been confirmed we will make every effort to provide you with the booked arrangement. Occasionally, it may be necessary to amend or cancel whole or part of your booking. We will notify you of any alteration or cancellation as soon as we reasonably can.
6.2 Independent arrangements (eg, flights, airport parking, car hire, etc) that you may arrange separately do not form part of our contract with you. Should we need to make changes to your Travel Arrangements, we will not liable for any amendment or any cancellation charges incurred by you in respect of any such independent arrangements.
6.3 If, before the start of your trip, we are constrained by circumstances beyond our control to significantly alter any of the main characteristics to your arrangement, we will offer you the choice of either (a) accepting the changed arrangements (b) accepting an offer for an alternative arrangement with comparable facilities from us, if available (we will refund you any price difference if the alternative is of a lower value) or (c) cancel your booking completely in which case we will refund you all monies paid by you. Please note that the above options are not available where any change made is a minor one. A significant change may include change of accommodation to that of a lower category and/or price.
6.4 If we make a significant change or cancel less than 14 weeks before departure (other than reason of non-payment of Travel Arrangements by you, events beyond our control (paragraph 8 below)) we will also pay you compensation as detailed below:-
Period of Notice We Give to You Before Departure
Compensation to Each FullFare Passenger
42+ Days
£0
42-29 Days
£10
28-15 Days
£25
14-0 Days
£30
You are required to advise us within 7 days of being notified of a significant change whether you wish to: (a) accept a proposed change or (b) cancel your booking and receive a refund. If you have not notified us within 7 days, we will write to you again to obtain confirmation of your choice of the options above. If you fail to respond within a further 7 days, we will cancel your booking and refund all payments made by or on behalf of you.
6.5 Please note that compensation referred to at 6.4 above and the options referred to at 6.3 above do not apply to any minor changes made by us.
7 Events Beyond Our Control
7.1 Please note that compensation will not be payable and we will accept no liability beyond offering you the options above where: (a) we are constrained to make a significant change or cancel your booking as a result of unusual and unforeseeable circumstances beyond our control. These circumstances will usually include but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure flying rights, natural and nuclear disaster, fire, epidemics, health risks and pandemics and unavoidable and unforeseeable technical problems with transport reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events; or (b) we are constrained to cancel your booking because the minimum numbers of booking required have not been reached and we have notified you within the time periods specified at section (10) of these booking conditions; or (c) we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or (d) we make a significant change or cancel your arrangements more than 14 weeks before departure; or (e) where the change or cancellation by us arises out of alterations to the confirmed booking request by you.
8 Post Departure Changes
8.1 If we are unable to provide a significant proportion of the travel arrangement that you have booked with us after your departure, we will, where possible, make alternative arrangements for you at no extra charge.
8.2 A change of accommodation to an equivalent or higher standard is also not regarded as significant nor are alterations to your itinerary which do not materially affect your trip.
9 Our Responsibility to You
9.1 You must inform us without undue delay of any failure to perform or improper performance of the Travel Arrangements included in this package. If any of the Travel Arrangements included in your package are not performed in accordance with the contract, or are improperly performed, by us or the Travel Arrangements suppliers, and this has affected the enjoyment of your Travel Arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the Travel Arrangements is due to: you or another member of your party; a third party unconnected with the provision of the travel services in the package; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your Travel Arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
a) The contractual terms of the companies that provide the Travel Arrangements that make up your package, specifically the hotel policies of Tekanda Lodge. These terms are incorporated into this booking; and
b) Any relevant international convention, for example the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
You can ask for copies of the travel service contractual terms, or the international conventions, from welcome@tekandalodge.com. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB this entire clause 9 does not apply to any separate contracts that you may enter into for travel, excursions or activities whilst on holiday.
10 Assistance by Us During the Course of Your Booking
10.1 If your contract with us is not performed or is improperly performed by us as a result of a failing attributable to a third party unconnected with the provision of travel arrangement, or as a result of failures due to unusual or unforeseeable circumstances beyond our control the consequence of which could not have been avoided even with all due care, or as a result of an event which we or our suppliers, even with all due care, could not have foreseen or forestalled, and you suffer injury or other material loss, we will offer to provide you with prompt assistance as is reasonable in the circumstances. If you or any member of your party suffers during the course of your travel any difficulty as a result of any activity which does not form part of your contracted Travel Arrangements, we will offer you prompt assistance without undue delay. Such assistance may include assisting you in making communications and helping you to find alternative arrangements. If the difficulty is caused intentionally by you or as a result of your negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and subject to you notifying us promptly of your need. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you recover any costs and expenses relating to the incident from a third party you must repay us the costs and expenses we have incurred in assisting you.
11 Passport, Visa, Documentation, Immigration and Health Requirements
11.1 The passport and visa requirements of yourself and your party, together with any other immigration requirements, are your responsibility and you should check these with the relevant embassies and/or consulates prior to travel. We do not accept any responsibility if you cannot travel if you have not complied with the relevant requirements in force prior to and at the time of travel.
11.2 It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in receipt of all and any necessary vaccination certificates and other health documentation. The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your Travel Arrangements are affected as a result of the failure to do so by yourself or any member of your party.
11.3 You must provide us with full details of any existing medical condition or disability that may affect your Travel Arrangements (including, in particular, any accommodation requirements) at the time of your booking. If in our reasonable opinion your chosen Travel Arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability we can also cancel the booking when we find out full details if in our reasonable opinion, the Travel Arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel your booking as a result of this, the cancellation charges set out in Clause 5 above will apply.
11.4 Information on foreign travel is provided and regularly updated by the Foreign and Commonwealth Office. Details can be found at www.gov.uk/foreign-travel-advice and www.gov.uk/knowbeforeyougo
12 Health & Fitness
12.1 Activities within our Travel Arrangements may require a certain degree of physical fitness. It is your responsibility to ensure that you have the levels of fitness required for any activity you choose to participate in. If you are in any doubt, please consult your GP before departure. We, and those retained by us, to supervise any activities, retain the discretion at any time to decline to allow you to participate in any activity, if we reasonably believe that in the interests of your health, you should not do so. In such circumstances, we shall not be liable for any losses or compensation arising.
12.2 You must provide us with full details of any existing medical or physical problems (including unusual height or weight) or disability that may apply to you or any member of your group and which is likely to affect your ability to take part in some or all of the activities forming part of your travel arrangement (including, in particular, any accommodation requirements or difficulties that may be encountered in accessing buildings) at the time of booking. If, in our reasonable opinion, any particular activities or arrangements are not suitable for the medical or physical problems or disability or you are not travelling with someone who can provide all the assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain activities, in which event we shall not be liable for any losses or compensation arising.
12.3 If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to any existing medical or physical problem or disability and/or any new medical or physical problem or disability that arises after booking then we can also cancel the booking when we find out the full details if, in our reasonable opinion, the arrangements are not suitable in the circumstances. If we cancel in this situation, cancellation charges as set out at Section 5 must be paid by the person concerned.
13 Insurance
13.1 You must take out suitable insurance for all your needs before you travel and it is a condition of this contract that you or members of your party do so. We cannot be held responsible for any costs you may incur as a result of failing to do so.
13.2 You must provide us with the name of your insurer, policy number and 24 hour emergency helpline number before you travel.
13.3 If you take part in activities whilst travelling that have been organised and arranged independently of us, participation is at your own risk and it is your responsibility to ensure that you have obtained the relevant insurance.
14 Your Responsibilities and Behaviour
14.1 As part of your booking with us, you are accepting liability for any loss or damage caused by you or any member of your party during the course of your trip. Payment for any loss or damage must be made to us or our supplier at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost of the loss or damage is not known at the time, we will reasonably estimate it and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you. You will also be responsible for, and agree to indemnify us, in respect of any claim subsequently made against us and all costs incurred by us (including our own and any other party’s full legal costs) arising from your actions.
14.2 You are also responsible for the behaviour of yourself and other members of your party. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your Travel Arrangements if yours or their behaviour is or is likely to be, in our reasonable opinion or in the reasonable opinion of our suppliers, disruptive, upsetting or dangerous to yourself or anyone else, or if you or any member of your party have caused or are likely to cause damage to property. In these circumstances, we will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your Travel Arrangements due to such unacceptable behaviour. In this situation we will have no further responsibility for you or any other member of your party (including any return Travel Arrangements). If your unacceptable behaviour means that you are not able to travel, we will treat your booking as cancelled from that moment and you will have to pay the full cancellation charges referred to in Clause 5 above.
15 Excursions and Tours and Activities
Excursions, tours or other activities that you book or pay for during your trip do not form part of the Travel Arrangements provided by us. Your contract will be with the operator or provider of that excursion, tour or activity and not with us. We are not responsible for the provision of the excursion, tour or activity or anything that may happen during the course of its provision by the operator. We do not accept any liability in relation to any such excursion, tour or activity and these Booking Conditions do not apply to them.
16 Local Charges & Tourist Taxes
Unless we have stated that a local service or facility is included or free in our accommodation description, you may be asked to pay a charge locally, for example, local tourist tax, room services, snacks, drinks, etc. Tourist taxes may be payable by you when you check out of your accommodation.
17 Local Health & Safety Standards
You should be aware that it is the standards and health and safety requirements of the country in which the services which make up your Travel Arrangements are provided which apply and not those of the United Kingdom. These standards will be different to those of the United Kingdom and may sometimes be lower.
18 Our Website, Brochure and Advertising
The information contained in our website, brochure and advertising material is our responsibility and to the best of our knowledge and belief, it is correct at the time of publication. Occasionally errors may occur and information may change and you must, therefore, check all the details of your Travel Arrangements at the time of booking.
19 If You Have a Complaint
In the unlikely event that you have cause to complain during the course of your Travel Arrangements with us, you must bring it to our attention immediately. If your complaint is not resolved then you must repeat your complaint in writing within 28 days of the end of your Travel Arrangements with us by writing to us at our Registered Office or emailing us at welcome@tekandalodge.com. You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint. Any complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure we are unable to accept liability. In accordance with the Alternative Dispute Resolutions for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (“The ADR Directive”) we advise that Tekanda Properties Ltd does not utilize the services of an approved Dispute Resolution Service for the purposes of complaints.
20 Data Protection
In order to process your booking and to make sure that your Travel Arrangements run smoothly, we need to pass the information which you provide on to relevant suppliers such as transfer companies, hotels etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. Where your travel arrangement is outside the European Economic Area (ELEA), controls on data protection in your destination country may not be as strong as they are in the UK. However, we will not pass your information on to any person who is not responsible for part of your Travel Arrangements. If we cannot pass your information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, you consent to your information being passed on to them. Your data controller is Tekanda Properties Limited. You are entitled to a copy of your information held by us and if you would like to see this, please ask us. It may be necessary to make an administration charge for providing this to you. Please refer to our privacy policy which forms part of these booking conditions.