terms &conditions

General travel terms and conditions

Dear tour member, please do carefully read the following conditions and advice, which define the contractual relationship between WHITE LIBELLE (PVT) LTD, respectively the brand B ADVENTURE (in short WHITE LIBELLE in the following) — and yourself (named client in the following). By signing the written confirmation of our offer you automatically accept those preconditions.

1. Conclusion of contract

Once the client is registered, WHITE LIBELLE offers an obligatory conclusion of the travel contract. All services should be booked via our office in Sri Lanka. Our contact information as well as contact forms are to be found under “contact“ or below the particular offer. Following your request, you will receive an offer via email, which you should confirm in written form.

The client also has to vouch for the ties of the contract which are mentioned in the registration. The contract becomes mandatory once it is accepted by WHITE LIBELLE. It is accepted when the confirmation of the journey has taken place. In case the confirmation of the journey differs in any kind of aspect or content to the registration, a new offer is made available by WHITE LIBELLE, to which WHITE LIBELLE is bound for ten days. The contract then comes into existence if the client accepts the offer in an explicit way or via obvious behavior within the given period of time.

2. Scope of services and service change

The scope of contract-based services results from the service descriptions of the particular offer on our website, respectively from the given details within the travel confirmation.

Data by third parties (e.g. service providers, tourist information etc.) are not mandatory for WHITE LIBELLE, unless they are explicitly made part of the contract. WHTE LIBELLE reserves their right to organize elements of the trip in new order, to replace them or to cancel them without prior announcement in case the current circumstances require such changes. Those can be caused by short-term changed flight or train timetables e.g.. Changes that are made after the start of your tour will not be refunded. The client will be immediately informed about service changes or modifications of important travel elements or changes of the tour price in case the reasons of necessary changes are already obvious before the tour starts. WHITE LIBELLE, however, cannot reorganize the confirmed tour without valid reasons unless the client has consented to changes in written form.

3. Cost of travel and costs modification, validity and inclusion/exclusion

All given costs are net in the given currency and are valid for the term of our charges and single offers. The following services can be included in the given costs: ground transport, accommodation, mealtimes, driver with a car/minibus and other services that are listed in the particular travel trips. Services that are not included, such as optional tours, extra services, VISA fees, airport tax or your personal pocket money, are explicitly mentioned in your offer which you receive after your request. Costs are based on the conditions of the current period the charges or offers are made. WHITE LIBELLE reserves the right to change the given and the – via booking confirmed – costs, in case the costs of tax, transport (especially fuel costs), airport tax, entry charge or the exchange rate change, in a measured way depending on how transport costs, exchange rate per seat and how the additional amount per person changes the whole travel costs for WHITE LIBELLE. This is only valid if the travel date lies 3 months behind the date of contract conclusion and if those circumstances which lead to change of costs haven’t been known and also not predictable by WHITE LIBELLE before the contract was concluded. Changes of costs as well as changing an important service product due to the given circumstances are possible until 21 days before departure at the latest. Sales taxes (if applicable) are listed separately in the invoice. Invoice amount plus sales tax corresponds to the given net fees.

INCREASE OF TAXES

We reserve the right to adapt costs to new provisions such as changes of taxes or heavy price increases by our suppliers. The client can withdraw from the contract in case of any of the above given price increases which cause more than 20% of the full price, and the client can also demand another trip of at least equal value, if WHITE LIBELLE is able to offer such a trip without extra cost for the client.

3.1. OBLIGTAORY CHRISTMAS/NEW YEAR’S EVE/CHINESE NEW YEAR/HOLIDAY DINNER

Please note that most hotels organize gala dinner for Christmas, New Year’s Eve and sometimes for Singhalese-Tamil New Year’s feasts or other festive occasions, which are obligatory for all guests. Those dinners need to be paid – they are obligatory whether the client would like to have this dinner or not. Every client who is present at the hotel during those days has his bank account charged automatically and there is no refund for that. If the hotel announces the price for the dinner later, the given price is appropriately adapted to meet the costs of revision. Prices for the obligatory gala dinner are listed in separate columns. Our prices for the obligatory dinners are net and there are is no discount applicable.

4. Deposits and payment

Deposits

In times of strong demand and short supply, some suppliers demand non-refundable deposits to ensure their service. Please note that those provisions can violate users‘ rights in your country. Although we do our best to avoid such events, these regulations are invariable at times. Conditions of cancellation as well as deposits can vary depending on the occupancy of the hotel. We will inform you about that while the booking is taking place. In case conditions of deposits are in place, you will be contacted the moment your booking will be confirmed. We recommend keeping to the given guidelines to avoid cancellation of your confirmed accommodation.

Payment

Once you are registered for the journey, an advance payment of 25% of the whole journey costs is due. The full payment of your booked journey/event/excursion has to be transferred to our bank account at least four (4) weeks before the journey starts. WHITE LIBELLE does not accept any checks/ business checks or bank checks. All transfer fees are to be paid by the client. Payment conditions can vary in agreement with WHITE LIBELLE and the client.

BANK ACCOUNT

Account name: WHITE LIBELLE (PVT) LTD

Bank name: Nations Trust Bank

Bank address: Nr. 242, Union Place, Colombo 02, Sri Lanka

Account number: 1002 9000 7931

Swift-Code: NTBCLKLX

If the due costs of the journey or the agreed advance payment are not paid in full, WHITE LIBELLE is set free from service, if the client does not pay after being reminded and having been given a deadline since he does not have the right to refuse the payment. In this case WHITE LIBELLE is authorized to withdraw from the travel contract und is allowed to demand the appropriate cancellation fees. The client only receives the travel documents once the full payment of the travel costs has taken place.

5. Minimum attendance

There is no minimum attendance needed for a tour to take place since all offers are private round trips which are individually planned for each request.

Concerning activities such as diving, surfing etc WHITE LIBELLE only plays the role of a mediator and is therefore not responsible for potential postponements or cancellations.  These decisions are made by the local operator on-site. Of course, we only cooperate with reliable partner, which makes changes a rare case.

6. Withdrawal by the client

If the client withdraws from the travel contract, WHITE LIBELLE loses the claim to arranged travel costs. Nonetheless, WHITE LIEBELLE can demand an appropriate compensation. To avoid misinterpretation, we recommend explaining the withdrawal in written form.  WHITE LIBELLE owns the compensation claim in consideration of the table below, depending on the date the withdrawal was sent in relation to the confirmed date of departure, calculated in a proportional relation . The amount of loss is staggered as follows:

Round trips:

Withdrawal until the 100^th day before departure: 10 % of travel costs.

Withdrawal from 99^th until the 50^th day before departure: 20 % of travel costs.

Withdrawal from 49^th until the 30^th day before departure: 40 % of travel costs.

Withdrawal from 29^th until the 15^th day before departure: 50 % of travel costs.

Withdrawal from 14^th until the 7^th day before: 75 % of travel costs.

Withdrawal from the 6^th until departure or no appearance at all:  100 % of travel costs.

Day trips/activities:

Withdrawal 6 days or more before service starts: 25%

between 5 to 3 days before service starts: 50%

2 days or less before service starts or no appearance at all: 90%

Concerning marriage there are special rules/lump-sum compensation which are individually agreed on by contract. WHITE LIBELLE is allowed to claim a higher compensation sum than the generalized travel rescission costs if WHITE LIBELLE provides proof for it.

As soon as the travel arrangement has started, there is no refund granted for services which are not made use of or were cancelled.

Remarks:

The date on which the written announcement is received by WHITE LIBELLE is relevant for the sum of compensation, namely as percentage of the net total sum plus possible surcharges (e.g. board tickets or other fines, e.g. by hotels).

Specific hotels, lodges, chalets and roadhouses are subject to stricter and more specific cancellation conditions. Refunds for services which are not made use of or were cancelled are not granted after the travel arrangement has started. Cancellation guidelines are subject to individual requests and are based on the required services.

WHITE LIBELLE highly recommends a travel cancellation insurance.

WHITE LIBELLE reserves its right to claim a concrete, and possible higher, sum of compensation which differs from the given lump-sum compensation, in consideration of saved expenses or services used otherwise.  To give proof that none or lower damage than calculated arose for WHITE LIBELLE, is permitted for the client.  

Until the trip starts, the client is allowed to demand that a third person instead of him/herself acquires the rights and obligations from the contract. WHITE LIBELLE is permitted to contradict the entering of the third person if he/she is not able to cope with special requirements for the tour or if he/she is restricted by legal provisions or administrative orders.  In case a third person enters the contract, he/she and the client as joint debtor are liable towards WHITE LIBELLE for the travel costs and the extra expenses which arise through the entering of the third person.

6.1. Group booking policy

Cancellation conditions for group bookings will be separately conveyed in the individual case at the date of booking.

7. Withdrawal by WHITE LIBELLE

If a client effectively interferes the procedure of a trip, regardless of admonition, or acts contrary to the contract in such a way that the imminent cancellation of the contract is justified, WHITE LIBELLE has the permission to cancel the travel contract without keeping to a time limit. In case of such a cancellation WHITE LIBELLE reserves the claim to the travel costs, however, saved expenses as well as refunds and costs which arise for otherwise used services need to be charged.

8. Cancellation of contract due to special circumstances/vis major

In case the trip is made difficult, affected or at risk by vis major which was not predictable at the moment of contract conclusion, WHITE LIBELLE as well as the client are allowed to cancel the contract. WHITE LIBELLE immediately repays all of the costs which were paid until then, however, they are permitted to demand an adequate compensation for already provided services or until the end of the trip to be provided services. WHITE LIBELLE is liable to take necessary measures as a result of the cancellation, especially if the contract includes the return transport of the client. WHITE LIBELLE and the client bear the extra costs for return transport, half each. Further potential extra costs have to be borne by the client.

9.Handling/administration fee 

If handling/administration fees come up, these will be notably named in the offer at once.

10. Special requests and health problems

Special wishes need to be mentioned in the process of booking. Bearable requests are forwarded by WHITE LIBELLE to the particular provider. All special wishes are subject to the matter of availability if they are not explicitly confirmed. If you or another member of your group have to cope with medical problems, special needs, or any concerns about your health or fitness, which can influence your vacation or some activities, or if you need special conditions due to a medical condition or disability (including those who are also affected), you are liable to give WHITE LIBELLE all the details about such before the booking is confirmed so that we can check if arrangements and bookings are suitable and so we can support your choices. In any case you have to tell us all the details while you are booking. Even after your booking has already been confirmed, we expect you to inform us about potential changes or developments concerning your health, fitness, illnesses or special needs as soon as possible. If we – after reasonable consideration –  do not feel able to meet these special needs of the particular person, we reserve the right to withdraw or cancel the reservation if, at the moment of booking, not all of the information has been given yet or if health/fitness/disability/illness has been changing or getting worse.

11. Behavior and damage

Bookings are accepted provided that all passengers are normally of good health condition and are able to cope with the physical demands of the chosen trip. Please do not take any unnecessary risk during the trip! To guarantee safety you need to keep to the given guidelines, to the local rules of behaviour, to the codex of contact of the country and to always act reasonably and considerately. If you make a booking at our company, you take the responsibility for damage or loss which are caused by yourself or a member of your group. The full payment of such damages or loss (including lost keys or other things) needs to be made immediately and directly towards the owner or manager of the accommodation or another provider. If you do not make an immediate payment, you are responsible to account for all claims that are asserted later on due to your behaviour (both our and the other party’s legal costs in full). We expect all of our clients to behave considerately. If you or a member of your group behave in such manner (according to our reasonable opinion or that of another authority figure) that it threatens third parties, upsets them, makes them feel distressed, or causes damage, we are permitted to cancel the vacation of the responsible person(s) without former announcement. In this case the responsible personshave to leave the accommodation or the excursion. We are not responsible for this/these person(s) anymore, and not for the preparation of the return transport.  There will be no refunds and we do not pay any costs which arose due to the cancellation.

12. Complaints and problems

In the unlikely case that you have to complain about something or have any problems during the vacation, it is important that you inform the particular staff, hotelier or supplier immediately and make sure that the problems are communicated with WHITE LIBELLE. The information needs to be in written form and transmitted as soon as possible. If the complaint or problem cannot be solved immediately or to your convenience, you need to contact us via phone or mail within 48 hours and give us all the details since we cannot offer our support until we are fully informed about a problem or complaint. Most problems can be solved quickly. If you remain dissatisfied, however, it is necessary that you write a complaint to us with all details listed, within 28 days after your return to your country of residence and your booking number attached.

When it comes to accommodation your expectations should be realistic. In certain remote areas and target areas there are possibly lower standards than at home. Standards and quality of travel arrangements are subject to the travel route und the reading material you will receive from us.

13. Liability

WHITE LIBELLE performs as mediator between his clients and flight agencies, travel agencies, hotels, transport agencies which do not only offer land-/air-/water-based transport services, and local tourism agencies which offer those services.  

WHITE LIBELLE therefore is not liable for loss, injuries or damages of the passengers or their property; this also goes for incidents which happen beyond the tours. Programs, costs and services are subject to the conditions which were relevant at the moment our written confirmation arrived and can thus be varied without prior announcement before or during the tour. The risk of adventure activities which are not only water, ground, air, or underwater activities is subject to the client’s discretion only. Consent of the client to the prior given conditions is obligatory to take part in our tour.

OTHER CONDITIONS
Extra costs which are caused by delays, accidents, natural catastrophes, political events or riots are to be paid by the client or other service providers. We point out that – due to frequently changed flights, delays or annulment by different airlines and trains – we cannot guarantee that the suggested travel route can be realised as expected. Empirically, flight departures and/or cancellations can be changed at short notice even after it had been confirmed. The same goes for trains: train schedules are often changed and in some cases without prior announcement. In the case of changed flights or cancellations we always try to arrange an alternative program which can be realised with the same amount of money which was calculated for the original trip. Nonetheless, we reserve our right to charge the travel agency or the client, after consultation with the travel agency, for the costs which come extra to the former budget. In the event of road condition being not appropriate for using the tour vehicle during a certain part of the trip, an alternative vehicle of a third party would be provided. Such vehicles would not be covered by any liability or insurance. There is no need to say that potential risks were taken into account when booking activities/adventures linked to national parks or outdoor camping.

14. Further information

Poya-holidays generally start on each day a full moon appears, Hindu and Buddhist feasts are explained by local astronomical observations. Therefore, it is most of the time only possible to give an approximate date when they will appear. During such holidays of religious worship selling alcohol in public is illegal. In certain hotels, however, minibars are still to use.

Programs, costs and services are based on the conditions which are valid at the moment of making the offer and can be changed afterwards without prior announcement until all services are completely paid.

We highly recommend detaining valuable items (money, passport, credit cards, jewellery, confidential documents, laptop etc.) in the hotel safe. During excursions and round trips personal items, especially money and valuable items, should never be left in the car, even in short breaks, but always be carried with you. WHITE LIBELLE is not liable for loss or theft.

Due to the quick modernisation and development of roads and highways in Sri Lanka the given duration of transport can take longer than estimated.

15. Invalidity of single conditions

The invalidity of single conditions of the travel contract does not lead to invalidity of the whole travel contract. The same applies for general terms and conditions.

16. Data privacy

All personal data which are provided to WHITE LIBELLE to conclude the trip are protected from being used improperly.

17. Choice of law and court of jurisdiction

Sri Lankan law applies. Sri Lanka is the court of jurisdiction as the seat of WHITE LIBELLE (PVT) LTD for filed suits against WHITE LIBELLE (PVT) LTD. It is also court of jurisdiction for contractual partners of WHITE LIBELLE (PVT) LTD, for merchants, legal persons or persons, whose domicile or residence is abroad or not known while suits are filed. In the event of indispensable conditions of international treaties being opposed to the given court of jurisdiction, the indispensable conditions apply.

WHITE LIBELLE (PVT) LTD
02F, Matara Road
Unawatuna, Galle

PV 00204294

Phone: +94 76 297 0427
E-Mail: lisa@b-adventure-srilanka.com