Shibaytravels

 

TERMS AND CONDITIONS

Introduction

Shibay Travels & Tours, no: 40/16, Metro Homes, Ground Floor, Malay Street, Colombo – 02, Republic of Sri Lanka (“Shibay Travels & Tours.”, “Experience the Inexperience Reminiscences”) trading as “Shibay Travels & Tours” is the operator of this website, the homepage of which can be found at www.shibaytravels.com.

 

The client’s access to, and use of, the Website is subject to these Terms and Conditions (“Website Terms of Use”), the Privacy Policy, which forms part of these Website Terms of Use and all applicable laws. Clients’ use of the Website constitutes their unqualified, unconditional, and irrevocable agreement to accept and comply with these Website Terms of Use.

 

We grant clients a non-exclusive license to use this Website strictly in accordance with the Terms of Use. We reserve the right to revoke this license and prevent clients from using this Website (or any of its services) at any time without giving them a reason.

 

Acceptable Use:

Clients may only use this Website in accordance with these Website Terms of Use for lawful purposes which include complying with all applicable laws, regulations, and codes of practice within the Kingdom of Saudi Arabia or other jurisdiction from which clients are accessing this Website. Clients agree that they will not: Make any unauthorized, false, or fraudulent booking or any booking in anticipation of demand.

Use this Website in a manner which causes or may cause an infringement of the rights of Shibay Travels & Tours and/or of any third parties. Post, transmit, or disseminate any information on or via the Website which is, or maybe, harmful, obscene, defamatory, or illegal. Attempt to interfere with the operation or functionality of this Website including, without limitation, uploading, downloading, or transmitting corrupt files or computer viruses or other harmful material, or using any software, routine, or device to interfere with the Website.

Take any action that causes an unreasonable or excessively large load on the infrastructure of the Website.

Obtain or attempt to obtain unauthorized access to the Website, including access through the false use of a password or personal identification number, or attempt to misrepresent the client’s identity or authority to act on behalf of another. Proxy or mirror without our prior written permission.

Violate these Website Terms of Use in any other manner. We reserve the right to cancel the client’s bookings without reference to them and/or deny their access to this Website where We believe, in Our discretion, that clients are in breach of any of these Website Terms of Use.

 

General Conditions:

These Website Terms of Use refer only to the client’s use of the Saudi International Travel Company website and its services. Separate conditions may apply to raffle draws, competitions or any other promotions which we may run from time to time.

 

Warranties, Disclaimers and Limitations of Liability

Whilst we use reasonable efforts to include accurate and up-to-date information on the website, errors may occur. Clients’ access to and use of the software and content on this website is entirely at their own risk and access is provided “as is” and on an “as available” basis only.

 

To the maximum extent permitted by law we accept no liability for the content of the website and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy are excluded from these website terms of use. We cannot give any warranty or representation as to the accuracy of the information and do not accept responsibility for errors or omissions or for any action or decisions based on the information. We do not warrant that the website will be available uninterrupted or error-free or that any defects will be corrected.

 

Save as otherwise stated in these Website Terms of Use and to the full extent permitted by law, we do not accept any liability for any direct, indirect, special, consequential, punitive, or exemplary losses or damages of whatever nature arising out of.

 

Access to, or the use, of this Website. Delay or inability to use this Website.

The information contained in this Website; includes, but is not limited to loss of profits, anticipated savings, revenues, data, goodwill, or contracts resulting from the contract, tort (including negligence) or whatever cause. Nothing in these Website Terms of Use excludes [Our liability for death or personal injury directly resulting from Our negligence or in respect of fraudulent misrepresentation] [liabilities not permitted to be excluded by applicable law].

 

Indemnity:

As a condition of using this Website, clients agree to indemnify, and keep indemnified, us against all liabilities, claims, losses, costs, damages, and expenses including legal fees incurred by us should they breach any of these Website Terms of Use. We reserve the right to assume the defence and control of any matter subject to indemnity by clients and, in such case, clients undertake to cooperate in full of our defence of any such claim.

 

Viruses:

Whilst we try to keep Our anti-virus software up to date, we do not warrant that the website, its servers, downloadable files, or e-mails which may be sent by Us, are free from viruses or other harmful components.

 

Clients must not:

Introduce or attempt to introduce any virus or other contaminant to the Website or any of its software or systems; or in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Website, its software or system.

Intellectual Property Rights

 

Except as is otherwise indicated on the Website, We and/or Our licensors are the owners of the copyright (and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trademarks, service marks and logos) in all the content featured on this Website, including the organization and layout of this Website and the underlying software code relating to the Website.

 

 

Clients shall not copy, reproduce, permanently store, retransmit, adapt, download, exploit or otherwise use the information contained on the Website in any way, save for the purpose of: enquiring about or requesting information relating to services featured on the Website; or downloading and temporarily storing one or more of the pages of the Website for the purpose of viewing, for clients’ personal use only, on a personal computer or terminal.

 

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website (whether registered or unregistered) are and shall remain the property of their respective owners. Nothing contained on the Website shall be construed as granting any license or right to use any Trademark displayed on the Website without the written permission of the relevant Trademark owner. Clients’ misuse or infringement of any of the Trademarks displayed on the Website is strictly prohibited.

 

We assert our right to be identified as the author of all copyrighted works on this Website and to object to any misuse of such works. We do not warrant or represent that clients’ use of materials displayed on the Website will not infringe the rights of third parties.

 

Linking:

The Website may contain links to third parties’ websites. Any links between Our Website and any third-party website are provided for your convenience only. We are not responsible for the information, material, products, or services contained in, or accessible through, such third-party websites and a link to another website does not necessarily imply an endorsement by us. Clients’ access and use of such third-party websites is solely at their own risk.

 

Clients’ may link to the Website’s home page, if they do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but clients must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

 

The Website must not be framed on any other website, nor may clients create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice where a link is, in our sole opinion, inappropriate or controversial.

 

Data Protection:

We may require basic information which identifies clients as an individual, (“Personal Information”), such as their name and email address, to enable them to take advantage of services that we offer. We will only use such personal information for the purposes of providing information or services which clients have requested, or for other related purposes as set out in the Privacy Policy.

 

General:

For any queries, feedback or comments clients may have about the website, clients should fill out the form. If clients are reporting an error, please tell us which computer operating system and browser (including the version number) clients are using and the approximate time and date when they found the problem.

 

We may make improvements or changes to the information, services and other materials on the Website or terminate the Website at any time without notice. We may also amend these website terms of use from time to time. If we make any substantial changes, as solely judged by us, we will notify the client by posting a notice on the website. Clients are bound by any changes we make to these website terms of use. Clients can view the current version of these website terms of use at any time by clicking on the Website Terms of Use link, on the homepage of the Website.

Any delay or failure on our part to exercise any right vested in us hereunder shall not constitute a waiver on our part to exercise such right or any other right at any time thereafter.

The headings in these Website Terms of Use are for convenience only and shall not affect the meanings of these Website Terms of Use.

If any provision of these Website Terms of Use is unenforceable, it shall not affect the enforceability of the rest of them.

These Website Terms of Use contain all the terms of clients’ agreement with Us relating to the use of this Website. No other written or oral statement will be incorporated.

These Website Terms of Use shall be governed by and construed in accordance with Sri Lankan law and are subject to the exclusive jurisdiction of the Democratic Republic of Sri Lankan courts.

 

Prices and Best Rate Guarantee:

The prices on our site are highly competitive. All prices on www.sitc.net are as per the booking clients have made from the availability display and are displayed including taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email. Sometimes cheaper rates are available on our website for a specific product; however, these rates made by airlines/hotels/suppliers may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the rate details thoroughly for any such conditions prior to completing clients’ reservations.

 

Amendment / Cancellation:

It is unlikely that Shibay Travel & Tours will amend/change or cancel a booking which has been accepted by it. However, Shibay Travels & Tours reserves the right to amend/cancel bookings due to unavoidable circumstances. If clients requested to Amend/Cancel a booking that is already confirmed and paid, Saudi International Travel Company will endeavour to accommodate the request, but it is subject to availability, rates are subject to change and clients shall take note of the amendment/cancellation policy at the time of booking is made. By making a reservation with the Shibay Travels & Tours, clients accept and agree to the relevant cancellation and no-show policy, and to any additional (delivery) terms and conditions of the airline/hotel/supplier that may apply to clients’ reservation or during their stay, including for services rendered and/or products offered by the airline/hotel/supplier (the delivery terms and conditions of an airline/hotel/supplier can be obtained with the relevant airline/hotel/ supplier). The general cancellation and no-show policy of each airline/hotel/supplier is made available on our website during the reservation procedure and in the confirmation email. Clients should note that certain rates or special offers are not eligible for cancellation or change. Clients should check the details thoroughly for any such conditions prior to making their reservation. If clients wish to review, adjust, or cancel their reservation, please revert to the confirmation email, and follow the instructions therein. Clients should note that they may be charged for their cancellation in accordance with the airline/hotel/supplier cancellation and no-show policy. We recommend that clients read the cancellation and no-show policy carefully prior to complete their reservation.

 

 

Force Majeure / Turn Away:

Shibay Travels & Tours will not be held accountable or deemed to be in breach of these terms if a delay or failure in the performance of these terms is brought on by an event or circumstance that the client, who is affected by it, is unable to prevent and avoid, including without limitation acts of God, governmental regulations, the restriction of transportation facilities, strikes, lockouts, or other industrial actions, or trade disputes of any kind (a “Force Majeure Event”). Shibay Travels & Tours will promptly notify the client in writing, describing the nature and impact of the Force Majeure Event.

 

Only direct damages that clients have experienced, paid for, or incurred as a result of a​ directly​​ ​ attributable ​material ​breach of our obligations with respect to our services, as set forth in these terms & conditions, will be covered by Shibay Travels & Tours’s liability, up to an aggregate maximum equal to the total cost of the client’s reservation as specified in the confirmation email (whether for one event or series of connected events).

 

Any loss of production, profit, revenue, loss of contract, damage to goodwill or reputation, or any inaccuracy relating to the (descriptive) information on our website, will not be covered by Shibay Travels & Tours or any employees, partners, agents, or others involved in creating, sponsoring, promoting, or otherwise making the site and its content available. This includes any (personal injury, wrongful death, property damage, or other (direct, indirect, special, consequential, or punitive) damages. The hotel’s non-performance, misrepresentations, torts, or strict liability will not be held liable by Shibay Travels & Tours (whether entirely or partially attributable to the hotel). This includes any (partial) cancellations, overbookings, strikes, instances of force majeure, and any other unforeseen events.

 

Further correspondence:

By completing a booking, clients agree to receive (i) an email/SMS/MMS which we may send them shortly prior to their arrival date, giving them information on their destination and providing them with certain information and offers relevant to their booking and destination, and (ii) an email/SMS/MMS which we may send to clients promptly after utilizing our services inviting them to complete our guest review form. The completed guest review may be uploaded onto the relevant information page on our website for the sole purpose of informing (future) customers of their opinion of the service (level) and quality of the product. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever. Other than the email confirmation providing for the confirmation of the booking and the emails detailed above, we shall not send clients any further (solicited or unsolicited) notices, emails, or correspondence, unless they specifically agree otherwise.

 
Refunds and Complaints:

Shibay Travels & Tours must receive refund requests in writing. Clients shall report any complaint about the holiday immediately to the call centre or by email. Clients shall provide proof of document from the hotel/supplier if they confirmed any unutilized sectors. If the client has any further complaints, then it shall be reported in writing to customer care not later than 30 days following the completion of the holiday, failing to which no claims may be brought against Shibay Travels & Tours, consequently no refunds will be made. A minimum of 14 days will be required to process the refund request. 

 

Air ticket reissue/refund charges will be applicable as per the standard reissue/refund charges policy of Airlines. An administration fee of 5% will be deducted from the net refund amount on all cancelled bookings in addition to the cancellation penalties per booking.

 

Please note: that online payments will be subject to bank charges when it is captured only which will not be refunded but Shibay Travel & Tours reserves the right to deny the booking when it is authorized only due to any reason therefore will not attract any bank charges if the authorization is void. If the amount authorized is not captured within 14 days, it will be automatically credited to the credit card, client may contact the call centre to have it prior to 14 days if the booking confirmation is not sent. The authorized amount will be credited to the same credit card within the days stipulated by the bank.