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Terms and Conditions

User Agreement

Access to and use of this website is conditional upon your acceptance of these terms and conditions. Please read the following terms and conditions closely before using our website. If you do not agree with any part of these terms and conditions, you must not use this website.

Any use of the www.theme-resorts.com website, or written communication with Theme Resorts, for the purposes of travel arrangements/ accommodation, confirms that you are aged 18 or over and that you have read and fully accept these terms and conditions. These terms and conditions are devised for the protection of all parties.

Booking Conditions
The Theme Resorts website is owned and operated by Theme Resorts & Spas (PVT) Ltd, with offices located at “Theme Resorts & Spas, Level 12-02, East Tower, World Trade Center Colombo 01, Sri Lanka.

Customers are responsible for reading the terms and conditions including booking conditions which are available at www.theme-resorts.com/terms-and-conditions.html. You agree to abide by the terms or conditions of purchase imposed by Theme Resorts with whom you elect to deal. You understand that any violation of any such conditions of purchase may result in cancellation of your reservations or purchases, in your being denied access to any hotels, in your forfeiting any monies paid for such reservations or purchases, and Theme Resorts debiting your account for any costs we incur as a result of such violation. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this website, and, without limitation, you will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent.

With respect to hotel reservations and ground arrangements made directly through this website, your reservation will become confirmed once you have sent an on-line confirmation and provided your credit card details, and paid the total amount due in full OR any required deposits and when we acknowledge receipt of your full payment OR deposit. In some cases an initial non-refundable deposit may be charged.

Booking Your Holiday
A booking is accepted only after we receive written confirmation from you along with full payment  for accommodation and  travel arrangements. (This may be waived solely at the discretion of Theme Resorts & Spas.)

For booking made via our Internet Booking Engine the full payment or for email inquiries, the full payment or payment of a deposit or your written confirmation will indicate an acceptance of these terms and conditions by you.

Final Payment
If balance of payment is due for your travel arrangements/hotel reservation, the balance payment must be paid by you before leaving the hotel.

Methods of Payment
Payments for full or part payment for the travel arrangements/ hotel Reservation  may be made either by 1) bank transfer or 2) credit card (Visa, Mastercard). If paid via bank transfer, all additional charges and fees related to the transfer will be borne by you.

If paying by credit card you can either pay through 1) the secure internet payment gateway facility available on our website www.reservations.theme-resorts.com/ or 2) you could do so by filling in, signing and returning to us a credit card authorization form that we will send to you indicating the total amount due. Providing Theme Resorts & Spas this information in a form via email or fax us at your own discretion/risk.
You can return these forms to us either through email or fax.

If paying by credit through the secure internet online payment gateway
Your payments are processed entirely on the Secure Payment Sites operated by The Hong kong and Shanghai Banking Corporation Limited (HSBC) for Master and Visa card payments. Your card details are not received or stored by Theme Resorts & Spas. in any form, and when you place an order as part of the checkout process you are automatically taken to the HSBC Secure Payment facility for Master and Visa card payments. Your credit card information will be securely transmitted to HSBC for transaction authorization using SSL 128-bit encryption. All payments are denominated in United States dollars (US$) SSL, security internet protocol known as Secure Socket Layer, uses connection-oriented end-to-end encryption to provide data confidentiality service and data integrity service for application layer traffic between your web browser and the secured HSBC payment gateway servers. It provides data encryption, server and client authentication and message integrity between the client and the web server.

Price Policy
The price of Your travel arrangements/ hotel reservation is subject to the possibility of changes and surcharges beyond our  control and may occur because of governmental action, currency exchange rate fluctuation and increases in suppliers’ prices as an example. If the price of Your travel arrangements/hotel reservation is increased by any matters outside our control then you must either pay the additional price to us when we request it or cancel Your travel arrangements/ hotel reservation in accordance with these Booking Conditions.

Child Policy
Theme Resorts & Spas will consider the following conditions as our Child Policy:

Booking Confirmation

If booking is made through the internet payment gateway
Please do not reply to your auto generated booking confirmation email. Should you like to contact us regarding your reservation please email us on reservations@theme-resorts.com and mention your booking reference number, including name, dates and the hotel. You can also call us on +94 11 7 386 386 (Monday to Friday between 8.30am to 5.00pm and on Saturdays from 9.00am to 1.00pm, excluding Sri Lankan holidays)

Rates
The rates listed on the online booking engine may vary depending on  if guest is a Sri Lankan, Sri Lankan resident visa holder or a foreign national. These rates may/will vary depending on the nationality of the guest who is attempting to make a reservation through the online booking engine. Each section may have different rate structures depending on the offers available and the guest will be able to make a reservation depending on all the criteria of the booking conditions  being met. If all the requested criteria’s are not met, Theme Resorts & Spas has the  right to request the guest to amend the reservation or cancel the reservation (See disputes section for more information).

Rates for Sri Lankan’s / Sri Lankan resident visa holders
Sri Lankan’s and Sri Lankan resident visa holders should contact our corporate office for applicable rates.
The guest making the reservation should enter the requested information which will be used to verify authenticity. Verification (Sri Lankan National ID or the Sri Lankan Resident Visa) will also be requested at the hotel during check-in to avoid any confusion.

If a guest books the Sri Lankan rate and a foreign national(s) is a part of the group, the standard foreign rate will be charged from that guest(s) at the hotel during check in.

If a foreign national makes a reservation on the Sri Lankan rate, then the difference between the Sri Lankan rate and the standard foreign rate will have to be paid at the hotel during check in.

Rate Changes
Different rate categories are listed on the online booking engine, regardless of the currency it is listed under or/and the offer(s) available is subject to change at the discretion of Theme Resorts & Spas.

Since rates are subject to change frequently there might be more than one rate for a given date. Once the confirmation voucher is generated through the booking engine and provided that the booking is within the cancelation period. (Please see below for more information about amendments and cancellations) it is not possible to change/amend the original rate the reservation was confirmed under.

Amendments and Cancellations
While we will use our best endeavors to provide all travel arrangements/hotel reservations as confirmed, reasonable changes in the reservation may be made after notifying You.

Cancellation Policy
If cancelled up to 30 days before date of arrival no fee will be charged. If cancelled later or in case of no show, the total price of the reservation will be charged.

Cancellation Policy for Theme Resorts & Spas

For cancellations and amendments the General Cancellation Policy of Theme Resorts & Spas will be applicable.

Specific Cancellation Policy will be applicable under the relevant resort or Special Offer.

Cancellations received with  31 days or more notice, will be refunded in full less any bank charges. (If any)

Cancellations received with less than 30 days notice is subject to a 100% cancellation fee.

Failure to arrive at the hotel is subject to a 100% cancellation fee.

Cancellation Policy for Early Bird Bookings
Any cancellation made on the Early Bird Booking is non refundable.

Cancellation Policy for amended bookings
The cancellation policy will be applicable to the original date of arrival and not to the extended date of arrival. If the date of arrival is brought forward, the cancellation policy will be applicable to the  original date of arrival.

Cancellation Policy for Special Offers
The cancellation policy for special offers [including the Early Bird Offer stated above] will be clearly depicted on the more information section on the Internet Booking Engine (IBE), under the terms and conditions section on the IBE and website.

Changes to the Booking

Transfer between Hotels
In case you wish to change your existing booking to another Theme Resorts & Spas, hotel, you’re entitled to transfer the full sum of money towards the new booking and pay the balance. You may mail your changes to reservations@theme-resorts.com should you require such a service. Sorry we will not be able to refund any excess money, instead you will be entitled to utilize against extra expenditure at the hotel during your stay.

If the reservation amount is less than the rate of the Theme Resorts you wish to be transferred too, then the balance payment must be done before departure [exceptions made are at the sole discretion of Theme Resorts (PVT) Ltd]

Transfer of bookings among hotels is subject to availability.

Date Changes

If you wish to change the date of reservation, it can be done so by sending an e mail to reservations@theme-resorts.com

If the rate for the alternate reservation date(s) is less than the original rate, the excess money can be utilized against extra expenditure at the hotel during your stay.

If the rate for the alternate reservation date(s) is higher than the original rate, the balance must be paid by you before departure.

Date changes will be done subject to availability.

Airport Transfers
Airport Transfers can be arranged at favorable rates. We would require your confirmed flight details to arrange and confirm airport transfers and rates for the same. Please send the details to reservations@theme-resorts.com or to the reservation email address of the respective Resort. Please note that an external vendor or subsidiary or associate company may be used to provide transportation to, from or between the resorts.

Overbooking Transfers
In the case where the hotel is overbooked we will request to transfer your booking to a similar or higher category hotel.

You may agree to be transferred or you may cancel the booking. If you agree to be transferred, then we will do so to the best of our ability and without any additional cost. If you wish to cancel the reservation at this point, we will do so without any penalties and refund the full amount (minus any bank charges)

Proof of Reservation
The guest must have a confirmed reservation made through www.reservations@theme-resorts.com . The confirmation email sent after making the online reservation will be considered as proof of reservation.

Booking (Reservation) Disputes
If a dispute arises with regard to a reservation made with any Theme Resorts or a hotel managed by Theme Resorts, then Theme Resorts (PVT) Ltd. has the sole authority to cancel the reservation by informing the guest via email. The reservation amount will be refunded in full minus any bank charges to the credit card or bank account of the guest.

Health, Passport and Visas
It is your responsibility to ensure that you and other members of your party obtain the right inoculations and medical advice before you travel. Similarly, it is your responsibility to ensure that you and other members of your party have correct and valid passports, visas and have conformed to all other requirements pertaining to your travel arrangements before the holiday commences.

Should you require assistance on this matter we will be pleased to make recommendations. We will not be held responsible for you travelling without the correct travel documents.

International and Domestic Air Booking
Reconfirmation of flight bookings is your responsibility. As Travel Arrangements may be booked to connect with international and domestic air flights it is Your or the travelers responsibility to keep us updated as to flight times and numbers.

Travel Insurance
You are strongly recommended to take out personal travel insurance, at the time of booking, for all members of your party. It is your responsibility to ensure that the insurance you purchase is adequate. Booking acceptance shall be deemed to include your confirmation that you have taken out such insurance.

Responsibility
We will only accept liability for incidents that arise as a direct result of our proven negligence, or that of our suppliers, in respect of arrangements forming part of your holiday itinerary, in cases where all your holiday accommodation, transfers, excursions, activities and sports which are arranged by us for the entire extent of your stay. This applies to illness, injury and/or death.

Theme Resorts & Spas cannot be held responsible for the failure of any component of the holiday for which we do not have direct responsibility. This includes any difficulty in finding hotels if customers choose to arrange their own transport.

There are circumstances where it is impossible to full fill the contract as a result of war, the threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disasters, fire or adverse weather conditions and all similar events outside our control. In these circumstances we shall not be liable for compensation where we are forced to cancel, delay, curtail or change your reservation in any way or where our performance of the contract is affected or prevented.

We assume no responsibility for any loss, damage to baggage, property or for injury illness or death or for any damages or claims however so caused arising directly or indirectly from accidents, loss or damage to person or property, delays, transport failures, strikes, war, force majeure, Acts of God etc. or any other loss arising from or pursuant to Your Travel Arrangements./hotel reservation.

We accept responsibility for ensuring the rooms which you book with us are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard.

There may be instances where alternative accommodation or services may need to be provided, in such instances we will ensure this is of a similar or superior standard.

Breakages and Damages
You will be responsible for any breakages, losses or damage caused by you or a member of your party during your stay in the accommodation. It is your responsibility to put right the damage or to make full payment to the hotel before departure and to indemnify us against any losses, damages or claims made against us.

Behavior
You are responsible for compliance with all relevant regulations applicable to the resorts during your holiday. If in the opinion of our Management your behavior is disruptive or causing distress, injury or danger to other clients, our staff or any other third party, your reservation may be terminated and we shall not be responsible for any costs or claims that are incurred.

Severability
If any of these Booking Conditions are invalid or unenforceable then subject to law, all other provisions of these Booking Conditions shall be and continue to be valid and enforceable.

Arbitration
When your booking is confirmed with us, a contract between Theme Resorts & Spas and / or you is constituted. That contract and these Booking Terms and Conditions shall be governed in all respects by the laws of Sri Lanka.

Complaints
We would wish to resolve amicably any reasonable complaint that we receive relating to the standard of service or accommodation arrangements.

If your complaint cannot be resolved locally during your stay at the Resort. you must follow this up by writing a formal complaint letter to us within 28 days of your return home incorporating all other relevant information. It is a condition of this agreement that you communicate any problem relating to the standard of service or accommodation arrangements to the relevant authority at the Theme Resorts you will be staying in. If still not resolved then follow this up with a written complaint. If you fail to follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the matter.

Please mail your concerns to reservations@theme-resorts.com

EXCLUSION OF LIABILITY
Theme Resorts. does not guarantee that all information available is free from errors or omissions but we will use all reasonable endeavors to correct any errors or omissions once notified of them. Our opinions are our own. Whilst we rigorously strive for accuracy, these opinions are necessarily subjective to some degree.

All recommendations, opinions expressed and prices regarding properties and/or destinations displayed are provided for guidance only. You agree as the user that the use of, or reliance upon, any of the content of the Theme Resorts website, and in particular any content recommending any hotel, product or service, is done entirely at your risk. (Including content in subsequent itinerary documents sent to you)

Our website may contain links to websites operated by parties other than the Theme Resorts group. Those links are provided to you for your reference and convenience only. We do not own or control the content of those websites and are not responsible for their content or your use of them.

We have endeavored to portray and describe each hotel and/or service as best we can and also to provide the most up to date information through our website and other communications with you to the best of our knowledge.

We cannot be held liable for any discrepancies or differences that might arise between the content of our website (text, images etc), and any other 3rd party websites.

Information provided by you
All information provided by you should be true and accurate. We will treat it confidentially and not forward it to any third party. We have a strict anti-fraud policy and take responsible steps to protect personal information such as credit card details.

Electronic Communication
You communicate with us electronically whenever you visit our website or send emails to us. You consent to receive communications from us electronically and by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.

Theme Resorts & Spas (PVT) Ltd accepts no liability for any virus or any other type of electronic infection that may be transferred through the site. Under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through this site.

Copyright
The copyright and all other Intellectual Property rights in all of the material on this website are owned by Theme Resorts & Spas. Copying of any part for commercial or business use without our written permission is strictly prohibited.

Governing Law and Jurisdiction
These terms and conditions are subject to the Laws and the Jurisdiction of Sri Lanka.

Validity 
The above terms and condition are valid from the 1st of January 2014.