Terms & Conditions

Last updated August 19, 2023

ACCEPTANCE OF BOOKING CONDITIONS:
Your booking contract is with Marshalas Tours (Pvt) Ltd, Dunakadeniya, Sri Lanka. Any use of the www.marshalastours.com website, or written communication with Marshalastours, for the purposes of travel arrangements, confirms that you are aged 18 or over and that you have read and fully accept these booking conditions. These booking conditions are devised for the protection of all parties. The phrase “Marshalastours” in these Booking Conditions refers to Marshalas Tours (Pvt) Ltd.

You Represent & Warrant That:

  • Your use of this website is on condition that you “Tour Participant” accept without variation the terms and conditions set out herein which may be varied by us “Marshalastours” from time to time without notice to you. Your use of this website constitutes your agreement to all the terms & conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this website.
  • You are of sufficient legal age to use this website in accordance with all terms & conditions herein and to create binding legal obligations for you and any person, group of persons or entity you represent, for any liability you may incur as a result of the use of this website.
  • You are financially responsible for all uses of this website.
  • All information supplied by you in using this website is true and accurate.
  • You will not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
  • You will not use this website to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

TOUR MEMBERSHIP
By paying in full & obtaining services for a transfer, excursion, or package tour, you the tour participant automatically become a ‘member’ enjoying the benefits of the particular product or service. Due to the somewhat strenuous nature of some active, adventure programs, it requires that you be reasonably fit, & thus some tours may be unsuitable for children & the elderly. Some trips like canoeing & rafting may require your ability to swim. These requirements will be indicated with each tour. We will make a reasonable effort to accommodate those who are physically infirm, however, we reserve the right to refuse service and/or terminate the participation of any tour participant whose health or mental condition or physical infirmity impedes the operation of the tour.

The Tour Manager/ leader/ interpreter may, at his or her discretion, require you to withdraw from any tour or activity, if the Tour Manager/ leader/ interpreter deems your conduct offensive or a nuisance to other tour participants, behave in a manner disrespectful to the local culture & customs, causes destruction to local flora & fauna and/or engage in conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate the law of any country.

Marshalastours shall have no liability to any tour participant required to withdraw from any tour. You may also be held responsible for willful damage.

PROVISION OF SERVICES
All products & services offered on this website are subject to availability and acceptance, at the discretion of the supplier of such product or service. In the event a product or service booked by you is not available, Marshalastours shall use its reasonable endeavors to suggest an alternative product or service of similar pricing and quality.

In event a of hotel of similar pricing and quality mentioned in the quote is not available and only a lower category of hotel is available; this will be informed to you accordingly and the benefit (if any), will be passed on to you

ITINERARY CHANGES REQUESTED BY YOU
Marshalastours aims to offer tailor-made, flexible itineraries to your satisfaction. You acknowledge that it once an itinerary is finalized, requests for changes to a group or individual itinerary will always be considered. You further acknowledge that any changes may incur cancellation charges and you will be charged for any additional services provided to you.

CUSTOMER CARE AND COMPLAINTS PROCEDURE:
Marshalastours is committed to providing a caring and professional service to you. You will be provided with appropriate contact details prior to travel and it’s your responsibility to keep the contact details safe. If you are unhappy with any aspect of our services, you must immediately bring it to the attention of the service provider (e.g. hotel) or our local representative in order to provide you with an immediate solution and rectify the problem whilst on tour. If the matter is not solved to your satisfaction, you must notify Marshalastours within 24 hours, by email so that we can rectify the matter amicably to the benefit and contentment of all parties. It is only if you do this, that Marshalastours has the opportunity to put matters right, without any undue delay. Marshalastours reserves the right to refuse any liability or compensation if this arbitration process is not strictly adhered.

Notwithstanding the above, In the event if you take any irresponsible action by reporting any malicious or defamatory article which may cause harm or loss to Marshalastours in any website, travel blog or other forum without any justification or concrete evidence, you may be subject to legal action and possible claim for damages for misreporting or malicious defamation of person or property.

ITINERARY CHANGES MADE BY US
Marshalastours is committed to the highest levels of integrity and professionalism in ensuing you have an enjoyable tour. However there will be instances where adjustments to your itinerary need to be made due to exigent circumstances. This could be an event under exceptional circumstances (eg over booking of hotel) which demand an immediate action from our end to ensure your tour continues with minimal disruption

DISCLAIMER
Your use of this website, brochure or any other accompanying promotional documentation is at your sole risk. This website, brochure or any other accompanying promotional documentation (including, but not limited to, rates and itinerary) is provided ‘as is’ basis and you assume total risk and responsibility for Syour use of this website, brochure or any other accompanying promotional documentation.

To the maximum extent permitted by law, Marshalastours specifically disclaims all warranties, express or implied, in respect of this website, brochure or any other accompanying promotional documentation; including, but not limited to, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other property rights or compatibility between this website and any software and hardware.

Marshalastours neither warrants nor makes any representations regarding the accuracy or completeness of this website or of any of the data or information contained in this website or that of the use of this website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this website will be free of bugs, viruses, worms, trojan horses or other harmful components.

The information contained in this website, brochure or any other accompanying promotional documentation is subject to change without notice.

RESPONSIBILITY
Marshalastours and all affiliates act only in the capacity as an agent for the hotels, airlines, bus companies, railroads, ship lines, and/or contractors providing accommodations, transportation or other services to the client. You are advised that Marshalastours purchases such transportation, hotel accommodations, restaurant and other services from various independent suppliers who are not affiliated with Marshalastours.

Marshalastours makes every effort to select the best suppliers of the aforementioned services. However, Marshalastours does not control the operations of these agents and as a result, Marshalastours, its subsidiaries, affiliated companies, servants or agents CANNOT BE HELD LIABLE IN CONTRACT OR TORT FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS, DELAY TO PERSON OR PROPERTY, ADDITIONAL EXPENSES, INCONVENIENCE CAUSED DIRECTLY OR INDIRECTLY BY ANY SERVICE PROVIDER OR OTHER CLAIM which may occur as the result of any and/or all of the following:

LIMITATION OF LIABILITY
Marshalastours shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with the use of or inability to use this website, or the information, products and services obtained through this website, the submission of any personal information, including, but not limited to, bank and credit card details, the performance or non-performance of Marshalastours or any unauthorized access or breach of security into this web site through the internet or otherwise arising, whether based on contract, strict liability, tort (including negligence), product liability or otherwise even if Marshalastours has been advised of the possibility of such damages.

By making a reservation, you acknowledge that in all events, Marshalastours shall not be liable for any incidental or consequential damages and that the sole extent of Marshalastours liability, if any, shall never exceed the amount actually paid by you to Marshalastours.

ACKNOWLEDGEMENT
The disclaimer, responsibility and limited liability of Marshalastours as set out in this agreement are fundamental elements of the basis of the bargaining between you and Marshalastours, and you agree that Marshalastours would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this agreement.