23 Oct 2019 Wednesday
24 Oct 2019 Thursday
0{{TotalAdults}} adults {{TotalChilds}} Child {{TotalChilds}} Children {{TotalCabins}} cabins

Terms and Conditions

Last updated: July 2019

These Terms and Conditions govern the use of the sail-lanka-charter.com website, owned and operated by Sail Lanka Charter (Private) Limited.
The Terms and Conditions of Use [“Terms and Conditions”] set out hereinbelow constitute a legally binding agreement (the “Agreement”) between you on the one part and Sail Lanka Charter (Private) Limited. The use by you of the sail-lanka-charter.com website and its features, including the on-line purchasing facilities, is contingent and conditional upon you accepting these Terms and Conditions and the Sail Lanka Charter Privacy Policy.
By clicking on “I agree”, you accept these Terms and Conditions together with any other terms and conditions subject to which you use the Services and Website, including but not limited to the Sail Lanka Charter Privacy Policy.
These Terms and Conditions may be amended from time to time with or without notice to you. Whenever these Terms and Conditions are amended, the revised version of the Terms and Conditions will be posted on our Website and when you click on the ‘Terms and Conditions’ link you will be directed to such revised version of the Terms and Conditions. You should therefore read the Terms and Conditions periodically so as to keep yourself updated with the terms and conditions in force at any given time. Your acceptance of the Terms and Conditions includes acceptance of any amendments to such Terms and Conditions done from time to time.
You should also read the Sail Lanka Charter Privacy Policy prior to using the sail-lanka-charter.com Website.

1.INTRODUCTION, ELIGIBILITY, INFORMATION AND SECURITY

1.Introduction

Sail-lanka-charter.com is an online store through which you can, subject to these Terms and Conditions, and in particular the Conditions of Sale as set out below, purchase online the Products available on our Website using the available payment options. To be eligible to purchase Products on our Website, you must be at least 18 years old.

2.Information.

You may purchase Products available on the Website.
In order to purchase our product, you must provide us with correct and up-to-date Information. You will be required to provide this Information at the time you book with us.

(a) Your contact information. It is your responsibility to keep your contact and other information updated. You may update your contact information at any time by contacting our sales team. All information provided by you or otherwise obtained by us relating to you will be kept strictly confidential and shall be used by us only in accordance with our Privacy Policy.

(b) Primary e-mail. At the time of registration, you will be required to provide an e-mail address which will function as your primary e-mail address when we communicate with you electronically. It is your responsibility to keep your primary email address up to date and operational at all times. You understand, acknowledge and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you effectively.

3. Security
1. (a) While we have taken all precautions to ensure that our Website is secure and that your information is protected, you acknowledge and agree that you are also responsible for ensuring the security of your details entered.

2. USE OF THE WEBSITE

    1. You may, where the Website permits, post comments, reviews of Products and other content. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
    2. By posting comments, reviews and other such content, you warrant and undertake that you have the necessary right and authority to so, and that such publication and/or use and/or dissemination will not violate or infringe any third party copyrights or other intellectual property rights in or to the content or any data or information included in the content or breach any non-disclosure obligation. You will indemnify and keep indemnified Sail Lanka Charter against any claim, loss, damage, suit, prosecution, action or charge arising from a breach of this warranty and undertaking.

3. Restrictions on use. You agree not to use the Website (i) for illegal purposes; (ii) for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code; ((iii) in a manner that infringes or may infringe intellectual property or other rights of another; (iv) for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email; (v) in a manner that could damage, compromise, over-burden or otherwise impede the proper functioning of the Sail Lanka Charter systems, servers or resources. You shall also not use any false identity to mislead any person as to the source of any communication originating from the Services. Sail Lanka Charter reserves the right to remove or edit any offending content, although it is not obliged to do so.

4. The use of the Website and its features and any other hyperlinked website shall be at your risk. It is your responsibility to take such precautions against such items as viruses, worms, Trojan horses and other items of a destructive nature. Sail Lanka Charter shall in no event be liable to any party for any direct, indirect, special or other consequential losses or damages for any use of the Website, or any other hyper linked website, including without limitation, lost profits, business interruption, loss of programs or other date on the Customer’s system or otherwise, even if Sail Lanka Charter has been expressly advised of the possibility of such damages.

3.OUR RIGHTS AND LIABILITIES

We reserve the right to suspend and/or cancel and/or modify and/or withdraw, temporarily or permanently, the Sail Lanka Charter services (or any part thereof) with or without notice to you and you agree and acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of such services. We have no obligation to continue producing or releasing updates to or new versions of the Website.

  1. We do not warrant an error free or uninterrupted performance of the Website and/or any part or feature of the Website or the Sail Lanka Charter services.
  2. We will use all reasonable endeavours to maintain the Website and keep same operational so as to provide you with an uninterrupted service. However, there may be situations that render the Website and/or the Sail Lanka Charter services and/or any part or feature thereof temporarily not operational due to reasons beyond our control and/or where we may be compelled to take the Website offline and/or interrupt the booking services or any part or feature thereof for, inter alia, maintenance, rectification or updating. However, notwithstanding anything to the contrary contained elsewhere in this Agreement, Sail Lanka Charter shall not be liable to you and/or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising from or attributable or incidental to the Website and/or the Sail Lanka Charter services and/or any part or feature thereof being offline and/or not operational and/or taken down and/or suspended and/or inaccessible and/or interrupted and/or due to any error in the Website or the Sail Lanka Charter services due to any reason whatsoever even if we had been advised of the possibility of such damages.

4. GENERAL TERMS

  1.  Limitation of liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SAIL LANKA CHARTER SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND ALL SUCH LIABILITY TO YOU OR TOO ANY THIRD PARTY WHATSOEVER IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
  2.  No Warranty. THE SAIL LANKA CHARTER SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. SAIL LANKA CHARTER, OUR PARENTS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  3. Indemnification. You agree to defend, indemnify and hold Sail Lanka Charter, their Affiliates and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including reasonable attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your breach of these Terms and Conditions and/or use of the Website.
  4. Complete Agreement and Survival. These Terms and Conditions along with the Sail Lanka Charter Privacy Policy sets forth the entire understanding between you and Sail Lanka Charter with respect to the Website and the Sail Lanka Charter services. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  5. Assignment. You may not transfer or assign any rights or obligations you have under these Terms and Conditions without Sail Lanka Charter’s prior written consent. Sail Lanka Charter reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
  6. No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.

5.CONDITIONS OF SALE

  1. Trademarks. The Sail Lanka Charter name, logo and all names and logos associated with Sail Lanka Charter, the Website and Sail Lanka Charter (Private) Limited are trademarks of Sail Lanka Charter (Private) Limited, and you agree that you will not display or use in any manner any such trademarks without the prior express consent of Sail Lanka Charter (Private) Limited.
  2. Copyrights, patents and design rights. Sail Lanka Charter (Private) is the owner of all copyrights, patents, design rights and other intellectual property rights in and to the Website and all software incorporated therein or associated therewith [subject to any third party rights in any software used in the development of the Website]. The content of the Website, including trade names, trademarks, logos, text, graphics, applications, software and other content is, unless indicated otherwise, the sole and exclusive property of Sail Lanka Charter (Private) Limited and is protected by domestic and international copyright, trademark and other intellectual property laws. Any unauthorized use or modification of any of the content of the Website is strictly prohibited and would be a violation of the intellectual property rights of Sail Lanka Charter (Private) Limited.

6. CONDITIONS OF SALE

  1. Bookings
    1. (a) All information published by Sail Lanka Charter on the Website containing descriptions, specifications and features of Products are so published for purposes of guidance only. Sail Lanka Charter shall have the right to change, modify or amend any such information from time without notice. Although Sail Lanka Charter has sought to be as accurate as possible in respect of product descriptions and other information published on the Website, such information may contain technical inaccuracies and typographical errors. Sail Lanka Charter does not warrant or guarantee that such information is 100% accurate, reliable, complete or error free.
  2. (b) All Products displayed for sale on the Website are offered for sale subject to availability and subject always to Sail Lanka Charter’s acceptance of the Booking.
  3.  (c) No Contract shall be deemed completed unless and until a Booking placed by you is accepted by Sail Lanka Charter. No Booking shall be deemed accepted by Sail Lanka Charter unless and until it is confirmed paid for unconditionally by Sail Lanka Charter on screen and/or by e-mail.

2. Price and Payment
(a) The price indicated on the Website in respect of each Product is the price of the Product at the time of on-line sale. You acknowledge however that there is a possibility of inadvertent misstatement of prices on the Website and consequently, the final price of Products Booked will be confirmed only when processing of your Booking. In the event the confirmed price is more than the price indicated on the Website, no charge will be made from you and the Booking will not be processed until you confirm approval of the new price.
(b) All applicable charges, credit card surcharges [if any] and procession fees will be displayed along with the final price of the Products when processing the Booking. In the event you do not agree to such charges, the Booking will not be further processed.
(c) Payment for the Product may be made using any of the available options, including online payments by credit/debit card or payment on arrival of Booked tour.

7.GOVERNING LAW AND JURISDICTION

These Terms and Conditions and all Contracts incorporating the Terms and Conditions shall be governed by and construed in accordance with the laws of Sri Lanka. The Courts of Sri Lanka shall have exclusive jurisdiction in respect of all disputes arising under these Terms and Conditions or any Contract incorporating these Terms and Conditions.

8.CONDITIONS OF SALE

“Contract” means the Booking and Booking Confirmation in respect of online purchases carried out via the Website
“Products” means the products made available for sale by Sail Lanka Charter via the Website in accordance with these Terms and Conditions
“Booking” means the Customer’s Booking for Booking placed via the Website “Booking Confirmation” means Sail Lanka Charter’s confirmation of the Customer’s Booking “Website” means the Sail Lanka Charter website “Writing” includes writing or text displayed on the screen of a computer monitor/screen or other similar device

Privacy Policy

Last Updated: July, 2019

Sail Lanka Charter (Private) Limited, the publishers of www.sail-lanka-charter.com (the “Site”), and their affiliates (collectively “Sail Lanka Charter”, “we”, “us” or “our”) are committed to maintaining the privacy of personal information that you provide to us when using the Site and obtaining the services provide by us through the Site (the “Services”). This Privacy Policy describes how we treat personal information received about you when you visit the Site and use the Services.

We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

COLLECTION, USE AND SHARING OF INFORMATION

What information do we collect?
While using our Site, we may ask you to provide us with certain information that can be used to contact or identify you and personalize the services we provide to you (“Personal Information”).

We may collect the following information from you when you visit the Site or use our Services:

  • Contact Information, such as name, email address, mailing address, phone number • Passport details for clearance with the lifeguard and Navy Offices
  • Hotel name, address and contact number • Food preferences and allergies
  • Medical restrictions that could be a safety issue while at sea • Billing Information, such as credit card number and billing address;
    us;
  • Name and e-mail address when you provide feedback from the Service(s);
  • Any other information necessary to provide you with the Services

How do we collect your Personal Information?
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Log Data
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies

When you visit our Site for the first time, you will be presented with an option to Accept Cookies.

Cookies are disabled until to you consent to their use by clicking on Accept Cookies.
If you decide to accept Cookies, the page will reload.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information.
You can change your browser settings to refuse all cookies or to indicate when a cookie is being sent. This is so even after you have accepted cookies. However, if you do not accept cookies, you may not be able to use some portions of our Site.

How we use your Personal Information?
We may use information in the following ways:

  • To provide you with the best Services possible
  • For the purposes for which you specifically provided the information, for example, to process and fulfil your subscriptions to our e-mail newsletters or contact you with special offers that meet your saved search criteria.
  • To send you e-mail notifications about our new or existing products and services, special offers, or to otherwise contact you – however we will send you notifications only with your consent, and this consent may be withdrawn by you at any time.
  • To allow us to personalize the content and advertising that you and others see based on personal characteristics or preferences.
  • To enhance existing features or develop new features products and services.

How do we share your Personal Information?

Except as outlined in this Policy, your Personal Information will never be sold to or shared with third parties for commercial purposes or otherwise. We may however transfer or share Personal Information to or with our affiliates, sub-contractors and Lifeguard officials that help us provide the Services. Sub-contractors may include third-party payment processors who process your credit card and other payment information for Sail Lanka Charter contracted to deliver purchased Booking to you.

PROTECTION AND OWNERSHIP OF INFORMATION

The safety and security of your Personal Information is important to us and we take all reasonable industry standard technical and organizational measures and steps to ensure the protection of your Personal Information. You will appreciate however that no method of transmission over the Internet, or method of electronic storage, is 100% secure. As such, although we will do our best to protect your Personal Information, we cannot guarantee the security of such information transmitted to our Site or through the Services. Transmission of data and information is therefore at your own risk. Once we collect and receive your Personal Information, we will use strict procedures and security features to try to prevent unauthorized access.

You remain the owner of all your Personal Information. Except as enumerated in this Privacy Policy, we will not sell or share your Personal Information with any third parties or use your personal data to compete with you.

PERSONAL INFORMATION RELATING TO CHILDREN

We do not provide Services to persons under the age of 18, unless accompanied by a parent and/or guardian. As such, we do not knowingly collect any Personal Information from persons under the age of 18 directly. If you are under the age of 18, please do not submit any personal information through the Site or Services. Parents and guardians are encouraged to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the Site or Services without their permission.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of 24st July 2019 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

DISCLOSURES AS REQUIRED BY LAW AND CIRCUMSTANCES

We are subject to the laws and regulations of the jurisdictions in which we operate [the “applicable laws”] and we may be compelled or required by the applicable laws to disclose your Personal Information in response to lawful requests by government authorities [including law enforcement and security establishment], and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process served on us.
In the event Sail Lanka Charter goes through a business transition, such as a merger with or acquisition by another entity, or sale of all or a portion of its assets, your Personal Information and accounts may be among the assets that are transferred consequent to such a transition. We will notify you via our official email and through a prominent notice published on the Site of any such change in ownership or control. In any event, we will ensure that your Personal Information receives the same level of protection notwithstanding any such business transition, and that any acquiring entity will be bound by this Privacy Policy in relation to your Personal Information or by a policy at least as stringent as this one.

CONTACT US
If you have any questions about this Privacy Policy, please contact us via email at [email protected] or by +94 71 440 5000

Sail Lanka