Terms and Conditions

This website www.holidaycreations.lk ("Website") and its mobile application ("Application") are owned and operated by Holidaycreations (Pvt) Ltd incorporated under the laws of Sri Lanka, having its registered place of business at No 5A, Ramakrishna Road, Colombo 06, Sri Lanka, which enables the user of the Website to connect with independent third party hotel owners ("Company") offering renting of various types of accommodations listed on the Website/ Application ("Services").

Your use of the Website and/or Application is an acknowledgment that you have reviewed the Terms and Conditions and agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Website and/or Application and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and/or Application and Services.

By using this Website/ Application you hereby acknowledge and agree that Holidaycreations is not a hotel/guest house owner and has no control over the conduct or behaviour of the Company or the quality, fitness or the suitability of the services provided by Company. Holidaycreations disclaims any and all liabilities in this regard.

Conditions

1. MEMBERSHIP ELIGIBILITY

Membership on the Website/Application is free.

If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website/ Application and should exit/logout immediately. Your use of the Website/ Application implies that You agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in Sri Lanka, is governed exclusively by laws of Sri Lanka and is subject to the exclusive jurisdiction of the courts in Colombo to the exclusion of all other courts.

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.

The User agrees and acknowledges that this Website/ Application can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. Holidaycreations reserves the right to terminate User’s access to and refuse to provide User with access to the Website/ Application if Holidaycreations discovers that User is under the age of 18 years. Furthermore Holidaycreations has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

Holidaycreations provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Application, You acknowledge, declare, confirm and represent & warrant to Holidaycreations that you have read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Application. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. Holidaycreations may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website/ Application and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and You agree to be bound by any such changes/revisions/amendments. Website/ Application shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Usage Terms. Your access to the Website/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Application at the time of such use.

2. WEBSITE/APPLICATION

The Website/ Application is an online marketplace where Hosts may meet and interact with Company for their transactions. Company’s list their guest houses, hotels and other lodgings ("Accommodations") on the Website/ Application and User reserves the Accommodation at the prices specified by the Company on the Website/Application. Holidaycreations hereby clarifies and the User agrees and understands that Holidaycreations is not the owner of the Accommodations and will not be liable for any services or lack of them at the Accommodations booked by the User. It is hereby further clarified that Holidaycreations and Channel Partners are separate and independent entities and Holidaycreations does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.

3. RESERVATION/ BOOKING OF SERVICES

The process of booking Services from this Website/ Application may require you to disclose confidential information including Credit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.

That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Usage Terms, and believing the same to be true and acting on the faith thereof,Holidaycreations has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Holidaycreations:

(a) the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to Holidaycreations for Services ordered by the User.

(b) In the event of detecting any suspicious activity from User’s account, Holidaycreations reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.

(c) In a credit card transaction; User must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to Holidaycreations. Holidaycreations shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.

(d) While using the Website/ Application User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety.

(e) Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the Accommodation as has been displayed on Holidaycreations Website/ Application.

The User agrees and acknowledges that in the Website/ Application all Services are offered only at the sole discretion of Holidaycreations.

4. USE OF THE WEBSITE/ APPLICATION

The User has to be a RESIDENT of Sri Lanka. The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Website/ Application by the User: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (d) shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or (g) shall not create liability for Holidaycreations or cause Holidaycreations to lose (in whole or in part) the services of Holidaycreations’s ISPs or other service providers/suppliers. If the User contravenes the foregoing or Holidaycreations has reasonable grounds to suspect that the User has contravened the foregoing, Holidaycreations has the right to indefinitely deny or terminate User's access to the Website/ Application and to refuse to honour the User's request(s).

The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Application. Holidaycreations does not promote any Accommodations listed on the Website/ Application. It is User’s responsibility to check the details of the Accommodations listed on the Website/ Application at its sole discretion.

Holidaycreations has endeavoured to provide the most accurate, up-to-date information on this Website/ Application. However, the information, materials, Services available on this Website/ Application may inadvertently include inaccuracies, typographical errors, or outdated information. Holidaycreations is not responsible for and shall not be bound to honour typographical or pricing errors on this Website/ Application. Holidaycreations reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which Holidaycreations believes the User has violated applicable laws or Usage Terms, orders that Holidaycreations believes are harmful to Holidaycreations or orders that Holidaycreations believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Holidaycreations neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Holidaycreations expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. Holidaycreations shall not be responsible for the delay or inability to use the Website/ Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website/ Application, or otherwise arising out of the use of the Website/ Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, Holidaycreations shall not be held responsible for non-availability of the Website/ Application during periodic maintenance operations or any unplanned suspension of access to the Website/ Application that may occur due to technical reasons or for any reason beyond Holidaycreations control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/ Application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Holidaycreations accepts no liability for any errors or omissions, with respect to any information provided to the User.

5. ACCOUNT AND REGISTRATION

Holidaycreations makes the Services available to You through the Website/ Application only if You have provided Holidaycreations certain required User information and created an account ("Account") through Holidaycreations ID and password or other log-in ID and password (collectively, the "Account Information"). The Website/ Application requires You to register as a User by creating an Account in order to utilise the Services provided by the Website/ Application. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Holidaycreations of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that You exit/log out from the account at the end of each session. Holidaycreations cannot and shall not be liable for any loss or damage arising from Your failure to comply with this clause. You may be held liable for losses incurred by Holidaycreations or any other customer or visitor to the Website/ Application due to authorized or unauthorized use of Your account as a result of Your failure in keeping its Account Information secure and confidential.

When You use the Website/ Application, You agree and understand that You are communicating with Holidaycreations through electronic records and You consent to receive communications via electronic records from Holidaycreations periodically and as and when required. Holidaycreations may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that Holidaycreations shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received. Further, Holidaycreations will make best efforts to safeguard the confidentiality of Your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website/ Application, You agree that Holidaycreations shall not be liable for disclosure of Your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that Holidaycreations shall not be held liable or responsible for 'phishing attacks' on You. User agrees that User shall not use/access this Website/ Application from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when You accesses Holidaycreations’ Website/ Application. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.

The User agrees, acknowledges and confirms that before placing any order, the User shall check the Service description and price carefully and by placing an order for a Service You agree to be bound by the Usage Terms and conditions of sale included in the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on Holidaycreations Website/Application.

Holidaycreations shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions.

Holidaycreations reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website/ Application or the information, listings and services described on the Website/ Application at any time. Such modifications or changes shall be effective immediately when they are made.

6. PAYMENT AND USAGE FEE

User hereby agree and understand that he will have to pay the usage fee as mentioned on the Website/Application for the concerned Accommodation via the payment mode provided on the Website/Application post which User’s requested reservation will be confirmed. Once the reservation has been confirmed. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.

Holidaycreations uses third party payment providers to receive payments from User. Holidaycreations is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Holidaycreations takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

7. COMPLIANCE WITH LAWS

User and Holidaycreations shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website/ Application.

8. WARRANTY

The Services are provided by Holidaycreations on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Holidaycreations makes no warranty that (i) the Website/ Application or the Services will meet your requirements or Your use of the Website/ Application or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website/ Application, or Services will be effective, accurate or reliable; (iii) the quality of the Website/ Application, or Services will meet your expectations; or that (iv) any errors or defects in the Website/ Application or Services will be corrected. No advice or information, whether oral or written, obtained by you from Holidaycreations or through or from use of the Website/ Application shall create any warranty not expressly stated in the terms of use.

Holidaycreations shall have no liability to the User for any interruption or delay, to access the Website/Application irrespective of the cause.

9. INDEMNIFICATION

Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to Holidaycreations herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold Holidaycreations harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Holidaycreations that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.

10. LIMITATION OF LIABILITY

Holidaycreations shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website/ Application or any of the information, software, services and related graphics contained within the Website/ Application or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Holidaycreations has been advised of the possibility of damages.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, Holidaycreations’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING / BROWSING THE WEBSITE/ APPLICATION SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.

Holidaycreations hosts are requested to kindly take due care of all their personal valuables and belongings. Holidaycreations management and its employees shall NOT be responsible for any loss, theft or damage to the Guests' personal valuables and belongings.

11. INTELLECTUAL PROPERTY

The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to Holidaycreations Rooms or this Website/ Application (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Holidaycreations to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this Website/ Application and that use of his/her content by Holidaycreations shall not infringe upon or violate the rights of any third party. Holidaycreations, its mark and logo are trademarks of Holidaycreations Lanka( Private) Limited. You understand and agree not to display or use these trademarks in any manner whatsoever.

As a pre-condition of use of this Website/ Application, User warrants to Holidaycreations that User shall not use this Website/ Application for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use Holidaycreations Website/ Application will terminate immediately upon User's violation of this warranty. Holidaycreations reserves the right, at its sole discretion, to block/terminate User's access to this Website/ Application and its content at any time, with or without notice. All content on this Website/ Application, including text, graphics, images, and logos, is the property of Holidaycreations or its content suppliers and is protected by domestic and international copyright laws and regulations. Holidaycreations reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.

12. JURISDICTION

This Agreement, and all transactions entered into on or through Website/ Application shall be interpreted, construed and governed by the laws of Sri Lanka which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/ Application, the Usage Terms or any transactions entered into on or through the Website/ Application or the relationship between Host and Holidaycreations shall be subject to the exclusive jurisdiction of the courts at Sri Lanka and User hereby accede to and accept the jurisdiction of such courts.

Any failure, delay or forbearance on the part of Holidaycreations in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Holidaycreations of any right, power or privilege preclude any other future exercise or enforcement thereof.

The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.

13. THIRD PARTY LINKS

This Website/ Application may at Holidaycreations Rooms sole discretion, contain links to sites owned and maintained by persons or entities other than Holidaycreations. Holidaycreations may also provide links to the other sites for purpose of enabling the Customer to make payment to Holidaycreations. Any of the foregoing links do not constitute an endorsement by Holidaycreations of any such sites and are provided only as a convenience. Holidaycreations is not responsible for the content or links displayed on such sites. Holidaycreations is not responsible for the privacy practices of such sites which Holidaycreations does not own, manage or control. Holidaycreations does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website/ Application may be linked and Holidaycreations shall not be responsible for any deficiency thereof. Holidaycreations does not endorse any or all of the materials, Services, and services available on such linked sites, and Holidaycreations expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of Customer and is made at Customer's own risk.

GENERAL TERMS AND CONDITIONS

• The primary guest must be at least 18 years of age to be able to check-in the hotel/Accommodation.
• It is mandatory for guests to present valid photo identification at the time of check-in. The identification proofs accepted are Driving License, National ID Card, and Passport. Without valid ID the guest will not be allowed to check-in.
• Stay of 1 child up to 5 years of age is complementary without the use of extra mattress. Breakfast charges may be applicable for the child.
• Requirement of an extra mattress will be treated as a third occupancy.
• Pets are not allowed in the hotel premises.
• Should any action by a guest be deemed inappropriate by the hotel/Accommodation, or if any inappropriate behaviour is brought to the attention of the hotel/Accommodation, the hotel reserves the right, after the allegations have been investigated, to take action against the guest.
• Guests shall be liable for any damage, except normal wear and tear to Hotel/Accommodation asset. Guest shall keep the Hotel room in a good condition and maintain hygiene and cleanliness.

14. CONTACT US

If you wish to contact Holidaycreations (Pvt) Ltd about our privacy policy or Terms and Conditions related issues via email, you may send an email to [email protected]. Alternatively, you may send your concern via postal mail/courier at the following address:

No.245/1, De Fonseka Road,
Colombo 04, Sri Lanka.