Terms And Conditions

Terms of Use

General Terms Of Use

By visiting Travonda.com or by booking activities you agree to the Terms of Use set out here below constituting the contract between you and Travonda that governs your use of the website and mobile apps.

If you disagree in any way with these Terms of Use and continue to make use of our services your continued use will be unlawful and we request that you please do not use Travonda.com.

All users or visitors of Travonda websites and mobile apps will be treated and defined as Customers of Travonda and Customers of Suppliers registered with us.

Legal entity

Travonda (Pvt) Ltd (Reg. No. PV 126615) is a private company having its head office in Sri Lanka.

Scope of the Services

Travonda, through Websites, Mobile apps, and Extranet (collectively the “Platform”) offers a Free service to you, visitors, or other users (collectively the “Customers”) solely to search, browse, book and pay for, or in other words find, choose and purchase all kinds of tourism activity services, events and other travel related services (collectively the “Services”) published thereon from the activity providers, event providers and tour operators (collectively the“Suppliers”) who distribute the Services on the Platform and for no other purpose. Travonda is not a contracting party for the Services purchased by the Customers on the Platform. Travonda endeavours only to provide our platform to legitimate and reputable Suppliers, but notwithstanding that, the Customers agrees that the Platform does not constitute and should not be interpreted as providing any recommendation or endorsement by Travonda of the quality, service level, qualification or safety of any Service or Supplier distributed thereon. Travonda will not be liable for any losses or risks involved for Customers.

Travonda provides Customers with the Platform, so that Customers can find the Suppliers and Service of their choice and make a booking by directly contracting with and paying the Supplier that they have selected. The contract relating to the Service being booked is expressed in the Terms and Conditions of the Service that is provided on the Platform, by the Supplier, as the sole basis on which it will accept the booking from the Customers. Before being allowed to pay a Supplier for a service on the Platform, a Customer has to read, understand and subsequently accept said Terms and Conditions, thereby establishing a contract for the Service(s) directly between him or herself and the Supplier. Travonda is not a contractual partner for the booked Service. Travonda, through the Website and mobile apps, acts solely as a facilitating intermediary Platform between the Customers making the purchases and the Suppliers offering services.

Privacy policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you visit our website or use our services. For Travonda’s policy relating to its use of of your personal data, please review Travonda’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy. Our privacy policy can be found under Privacy Policy.

Reservations

You may search and book Services by making a full payment or partial payment, depending on the payment policies of the Supplier. Payments can be done by online payment methods available in your region. Once a booking payment has been successfully made, you will instantly receive the confirmation ticket(s) via email and to your user account.

This Platform may be used only by legal adult users 18 years and older for the making of legal and binding reservations of Services for themselves and those for whom they have legal authority to make reservations. The Customer agrees that when making a reservation on the Platform he or she enters into an agreement directly with each Supplier providing a Service being reserved on the Terms and Conditions published on the Platform for that Service by that Supplier.

The Platform accesses the native inventory in the system of the Suppliers themselves where they maintain such availability and can instantly report availability status, reserve capacity and confirm reservations for Customers who have selected Service(s), contracted with the Supplier(s) by accepting their Terms and Conditions, and offered a payment that is processed successfully.

The Customer agrees that he or she is aware that when purchasing more than one Services, or Services from more than one Suppliers, that each service or Supplier transacts on different Terms and Conditions and that they will read the terms relating to each service before making their reservation. The Customer further acknowledges that by making the reservation they are entering into an agreement on Terms and Conditions that they made a declaration that they have read and understood for each of the Services.

Reservations on this platform will only be bindingly confirmed if: 1. made by a person legally using a payment method or source of funds that they are authorised to use, 2. if correct identity and contact details are provided, 3. if the Terms of Use and Terms and Conditions of the Services are complied with, and 4. if payment is effectively received.

In the event that Travonda believes that you have conducted any fraudulent activity, we reserve the right to institute necessary legal action and which may result in you being liable for monetary losses to Travonda, including our litigation costs and damages.

Payments and Refunds

For a Customer to hold a confirmed booking, the Platform requires a single upfront payment from the Customer, for one or more Services, provided by one or more Suppliers, in one total amount shown on the booking details on the check out page of the Platform. All payment made for services booked at Travonda Platform are nett prices included with services charges, commissions and any other taxes.

This single payment by the Customer is securely processed by the Platform through a third party payment processor. As soon as the payment processor confirms the single payment is authorised, each associated reservation is confirmed by the Platform. The single payment is received by the Platform to a single central merchant account at the payment processor on behalf of the Supplier(s) whose Service(s) are booked in the associated reservation(s).

The Platform back-end system now issues regular automated batch payment instructions to the payment processor to transfer the funds to the Supplier. These batch payment instructions detail how single payments received must be split, for payments relating to services of multiple Suppliers. The correct amount due to each Supplier(s) is then paid over to the bank accounts of such Supplier(s) by the payment processor.

Any obligation by Travonda to pay the Supplier is subject to and conditional upon successful receipt of the required payment from the Customer. Travonda and Suppliers reserves the right to cancel the confirmed reservation with notice to the Customer, and the payments will be fully refunded within 2 to 3 working days.

To the extent that Travonda.com receives the payment to a single account that it holds at any payment processor, it does so only as limited payment-receiving agent for the Supplier(s), temporarily and with the sole purpose to transfer the funds to the account of the Supplier(s) and in that capacity Travonda assumes no liability for any acts or omissions of the Supplier(s).

Any claims for refunds of payments actually received that are made under the Terms and Conditions offered by any Supplier, must be made to that Supplier directly, using the Customer Care contacts at the Supplier that is provided on the booking confirmation ticket. Such claims are normally answered by Suppliers within 14 days. Payments of refunds will be made from the Supplier’s bank account to the Customer’s bank account directly, or via a payment processor, at the election of the Supplier.

In Force Majeure situations and in a situation where Supplier cancel or postpone a Service, the Supplier will fully refund the ticket value to the affected Customer within 2 to 5 working days.

Cancellations, No shows and Modifications

Customer booking cancellations or no shows may apply cancellation charges or may be free or charge, depending on the Supplier’s cancellation policy of the service. Once the booking cancellation has been successfully done at the Customer user account, the balance amount of the booking will be refunded back to Customer’s account within 2 to 5 working days.

Supplier may cancel the bookings made by Customers due to overbookings, adverse weather conditions, force majeure situations, or any other reasons. In such events, Customer will receive a full refund back to Customer’s account within 2 to 5 working days.

Modifications can only be done by contacting Supplier directly through Supplier contact details or Travonda direct messaging functions at Customer user account.

By paying and making a booking with a Supplier on the Platform, the Customer accepts and agrees to the Terms and Conditions including the cancellation and no-show policy of that Supplier. The Terms and Conditions of each Supplier is presented for reading during the reservation procedure and is accessible from the confirmation ticket received by a Customer. Customer must note that if they cancel a reservation the Terms and Conditions and specifically the cancellation policy therein will come into operation and will be applied to their reservation by the Supplier who will decide if any refund is due. The Customer shall therefore not be entitled to any refund of any prepaid amount unless the Supplier agrees or allows otherwise such refund under its cancellation policy.

Proprietary Material

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that you see or read on this Platform is owned by us, or is used with the owner’s permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from this website without our prior written permission.

Information and Service Provided

The Service and Supplier details that the Platform publishes is based on information provided and/or researched by Suppliers. The Suppliers use an online backend system to which they load and/or approve, update and maintain all rates, availability and other information about Services published on the Platform and they continue to be responsible to maintain all the information for their business on the Platform. Therefor the Platform and the information it contains does not constitute a recommendation, endorsement or guarantee by Travonda of any Supplier and their Services, quality or reliability.

While Travonda uses reasonable skill and care in executing our endeavour of aggregating Supplier and facilitating that they can present their Services to the public in an up to date manner via the Platform, Travonda will not independently verify the accuracy of information, and we do not guarantee that all information provide a current, accurate, comprehensive and dependable representation of the Suppliers and their Services. Nor do we guarantee that we will find and/or fix errors or inaccuracies committed by any Supplier or members of our own staff.

Travonda can not be held responsible for any inaccurate, misleading or untrue information or information not provided, any service interruptions (resulting from any outage, repair, upgrade or maintenance of our Platform or otherwise) or errors (including due to manifest and typographical errors) whether any of the above relate to including, without limitation, the quality, reliability, dependability, the pricing, photographs, details of what products or services include or exclude, arrangements and requirements relating to services and, general product descriptions or any service or product or Platform related data or event and disclaim liability from any such cause and similar causes.

Reviews and opinions published on the Platform are intended to facilitate a broader and more varied perspective on the subject matter for Customers. Any reviews and opinions of locals, Suppliers and their staff as well as any other industry participants, bloggers, writers or members of the public published are the personal opinion of the individuals and or companies concerned and does not represent the opinions of Travonda, and to the extent that any member of the Travonda employee base publishes a review or opinion or any other comment on this Platform, that is also their own personal opinion and cannot be construed to be the opinion of Travonda. We do not endorse any opinions or reviews whether of Suppliers, members of the public or any member of our staff published in the opinions and reviews sections of the Platform, nor do we guarantee their value or accuracy.

Travonda makes no representation nor do we guarantee the availability of any Supplier, or Service(s) from time to time. The Platform does not constitute and should not be interpreted as providing any recommendation or endorsement of the quality, service level, qualification or safety of any Service or Supplier distributed thereon.

Travonda does not guarantee that the Platform or any Travonda-affiliated platform will be uninterrupted or error free, that defects will be corrected, or that Travonda.com or the servers that make it available are free of viruses or bugs. Travonda, Travonda Affiliates and their respective suppliers may make improvements and/or changes on the Platform at any time. Travonda does not accept liability for damages caused by computer viruses, spyware and other malicious computer programs.

Customers therefore use or refrain from using the Platform and information and data contained therein voluntarily and at their own risk and in full knowledge that Travonda excludes liability for their access or use of this Platform including all the therein contained information and data and the products and services therein represented.

Travonda, upon finding rate related errors or booking pricing errors, shall have the right to correct such rate or pricing errors on our Platform and on bookings made under a wrong rate or booking price but not yet consumed. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Provision of Submissions in the form of reviews, opinions, photographs and descriptions

Note that by submitting content or input to this Platform whether by email, on site submissions or in another manner, whether in the form of reviews, visual images, video footage, suggestions, ideas or anything similar (collectively, "Submissions"), the Customers grants Travonda and its subsidiaries (collectively, the "Travonda") and the affiliated website partners through whom Travonda distribute its services (collectively, the "Travonda Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any digital media; and (b) use the name that the Customer submits in connection with such Submission.

The Customer agrees that Travonda may publish his or her name and town of residence together with any submission on the Platform at Travonda’s own discretion, and that such submissions may be shared with our Operator partners. The Customers also grants Travonda the right to take legal action against any person or entity that infringes his or her or Travonda' rights in the Submissions by a breach of these Terms of Use. The Customer recognises and agrees that Submissions made are intended to be public and are not confidential or proprietary. The Customers hereby relinquishes any and all ‘moral rights’ that he or she may have in Submissions including the right to have the Submission attributed to him or her or the right that the Submission may not be altered.

The Customer agrees that he or she has no objection to the publication, use, modification, deletion or exploitation of his or her Submissions by Travonda, the Travonda Companies or any Travonda partners or licensees. Travonda takes no responsibility and assumes no liability for any Submissions posted or submitted by the Customers. Travonda is not obliged to publish the Submissions of the Customer; and Travonda reserves the right in our own discretion to determine which Submissions are published on the Platform. A Customer should only provide Submissions to this Platform if he or she agrees completely with these Terms of Use.

Interaction with Third Parties

This Platform may contain links to third party websites, applications or services (“Third Party Websites”) that are not owned or controlled by Travonda, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Travonda of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.

When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.

Travonda has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Travonda will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Travonda harmless from any and all liability arising from your use of any Third Party Website.

Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Liability

Travonda’s responsibility is limited to facilitating the availability of our Platform and services. The participation in any of the Services provided by the Supplier is at your own risk. Travonda’s liability for damages shall be limited to the amount paid to us by you as a Customer. Except as provided herein, in no event shall we be liable for any indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of participation in any of the events hosted by the Suppliers.

Amendments to the Terms of Use

Travonda may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Platform. Travonda expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Platform following such amendments means you consent to the amendment.

Termination

Customers can cancel their registration on Travonda at any time by blocking their user account. Travonda can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.

Dispute Resolution

Any controversy, claim or dispute arising out of or relating to this Agreement, or the obligation of a party hereunder, will be settled exclusively in accordance with this Section, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. Each party will nominate a representative to negotiate in good faith to promptly resolve the controversy, claim or dispute for a period of up to fourteen (14) days following notification of the controversy, claim or dispute. In the event the controversy, claim or dispute has not been settled between the nominated representatives then, unless Travonda designates an alternative method of dispute resolution that the parties shall follow (which it may do in its sole discretion), the parties will submit to final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and, in such circumstances, the parties each waive the right to trial by a jury. Customer agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and Customer is agreeing to give up the ability to participate in a class action. Any arbitration will be conducted in accordance with the currently prevailing commercial arbitration rules of the Sri Lankan Arbitration Association. The parties agree to abide by any decision and award rendered in the proceedings. The decision and award will be final and conclusive and may be entered in any court having jurisdiction thereof. The English language version of this Agreement shall govern and all proceedings conducted shall be conducted in English. Any arbitration hearing will be held in Colombo, Sri Lanka. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Issues and Complaints

We'll assist you in case of issues or complaints where possible. In case of a complaint about, or issue with the Platform, Apps or Services, please contact Travonda at info@travonda.com or +94764433744 to resolve the problem.



Version No. : 1.0

Last Updated Date: 01/08/2018