Srilankadriverguides.com Customer Terms and Conditions
Revised May 12th, 2016
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://srilankadriverguides.com/ website (the “Service”) operated by Paragon Holidays Pvt LTD (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by http://srilankadriverguides.com/ or Paragon Holidays Pvt LTD. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that Paragon Holidays Pvt LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Term and Conditions
This Agreement sets forth the Terms and Conditions between srilankadriverguides.com operated under Paragon Holidays (Pvt) Ltd and users who use our services to purchase tours and travel services (“You”) from individuals who provide tours and travel related services (“Tour Guides, tourist drivers and drivers”). This Agreement explains how you purchase tours and travel services and specifically limits the liability of srilankadriverguides.com website operated and owned by Paragon Holidays (Pvt) Ltd.
You must read this Agreement before using the Site and booking any form of trip, tour, transfers and/or holiday experiences. Use of the Site constitutes an agreement to all terms and conditions in this agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
srilankadriverguides.com website connects you with Tour Guides, tourist drivers and drivers who are seeking to provide tours and travel related services in Sri Lanka. We do this through our website, srilankadriverguides.com (“Site”), which is a communications and payment processing system that enables the connection between you and the transport suppliers who are either tour guides with vehicles, tourist drivers or drivers who do transfers from Airport or from any other destination in Sri Lanka.
You understand that the Tour Guides, tourist drivers and drivers presented on the Site are independent and free lance contractors (Third party suppliers) and that the Tour Guides, tourist drivers and drivers are not employees or agents of srilankadriverguides.com website operated by Paragon Holidays (Pvt) Ltd. You hereby understand and expressly agree that srilankadriverguides.com website does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tour Guides, tourist drivers and drivers nor of the integrity, responsibility or any of the actions whatsoever of the Tour Guides, tourist drivers and drivers.
Srilankadriverguides.com uses its best efforts to monitor Tour Guides, tourist drivers and drivers’ profiles, service offerings, actions and comments, and suspend privileges to any transport and service suppliers not adhering to policies of srilankadriverguides.com. By using this Site, you agree to report any alleged improprieties of any Tour Guides to Srilankadriverguides.com immediately.
You may seek the services of a Service Supplier (National Guide, Tour Guide, Tourist driver or driver) through the use of the Site. Once a Supplier has accepted your request for service and your payment has been processed, there is a binding contract between you (traveller and/or Tourist) and the Service Supplier (National Guide, Tour Guide, Tourist driver or driver). Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Service supplier, you should contact Srilankadriverguides.com and we will attempt to resolve the issue. However, any issues arising during your part takings in Sri Lanka – such as if driver or guides assisted you with hotel bookings, shopping, or when arranging additional tours, changing trip plans (not relating to cost as this should not change and drivers and guides must offer the advertised or agreed additional KM rate and of any issues arising in this aspect or if agreed availability changed by driver or guide we will be ready to help you), if customers require more than the initially agreed period his/her services etc – should be addressed directly with the driver or guide. You agree to release us from such miscommunication, disagreements and responsibilities.
Srilankadriverguides.com, uses Bank transfer method to process your payments to our local bank account, which will be shown on the invoice and given to you at the time of confirmation.
20% to Us and Balance on arrival to the Supplier (80%)
Customers (travellers) are required to pay a non-refundable 20% deposit only of the total booking cost and the balance 80% needed to be paid in cash to the travel suppliers (driver or Guide) when you meet face to face on the start day of service(s), unless otherwise agreed an alternative method such an on arrival or a meetup payment. Customers agree to pay before the commencement of the services and the driver or guide has full authority to not continue or start your movement if any or full payments due is not settled as agreed, and we will not refund any funds if the driver or guide chooses to refuse his/her service on this ground.
100% to Us and We hold your funds,
The currency of use for the online booking is US Dollar (USD) or on agreed exchange currency rate for a different currency, local transport and guide service suppliers can choose to receive the due cash payment in local currency if both parties agree.
However, we may offer an online payment platform in the near future, giving you the ability to make online payments to Advertisers via PayPal, credit card, debit card or other payment options. We may change or remove such platform at any time without notice in our sole discretion. Though we may provide the technical platform to allow such payments, we are not responsible for the payment solutions themselves including the bank transfers (international Fund Transfers/inter banks). In particular, we are not responsible for any decision taken by Payments solution provider to decline your payment, based on its risk assessment of you or that transaction. You shall not hold us liable for any losses you suffer as a result of making an online payment to an Advertiser via a plat form we. If necessary, we advise you to take insurance cover on deposits, holiday monies and full Holiday. If you need customer support in relation to an online payment, you should contact such online payment solution providing body or Gateways or bank or credit card provider (as appropriate).
Payments between Suppliers and travellers: We are only a party for the initial 20% deposit between the Supplier and customer and are not a party for any other payment transaction between Suppliers and travellers, even if you had to use our payment gateway and we may receive a commission in connection with any payment transaction or if we had to collect the full payment amount on behalf of you the traveller/tourist. As a rule for safety No Suppliers may request any traveller to post cash, or use any quick cash wire transaction services, Example Western Union or MoneyGram in payment for all or part of a Holiday/trip/tour and transfers and services. Any abuse of this term or any other improper payment methods that may be posted on the Site may result in the immediate removal of the non-compliant listing from the Site without notice to the supplier and without refund.
As we monitor closely our website activities and services of suppliers, we may become aware of users trying to conduct a transaction that would involve an illegal payment method or a fake payment method. Preferably, we hope to be able to assist users in avoiding such fake transactions, but we assume no obligation or responsibility to do so or to inform users of any such real or alleged activity(ties).
Before booking you are advised to see the driver or Guides code of conduct.
If the customers (travellers) decide to cancel the booking of the tour guide or transport service (s), the 20% deposit is non-refundable. In case, booking is rejected by a supplier(s) or supplier(s) fail to show up on the tour date, the 20% deposit is fully refundable, provided solid evidence of this situation.
However, we need customers to help and inform us about any cancellations within 2 weeks to 1 week before the local date and time of activity(s) as this helps us to open these window to start as another service or another schedule for a new customer(s). If you are late in informing us about the cancellation, it causes the suppliers(s) to lose sale opportunities for other customers. Any cancellation by you must be made by telephone or email and acknowledged by Srilankadriverguides.com.
You are strictly advised to obtain cancellation insurance. This will cover the cost of cancellation or loss of deposit.
In some cases, the suppliers may cancel or change a booking made for various reasons. In the event that the suppliers cancels or changes the booked service, or does not show up, or have trouble with the travellers not acting as agreed, you may choose between a rescheduling of the service (subjected to additional cost and availability) OR a credit towards an alternative service. If you choose to accept a credit, the difference in the cost of the alternative service will be refunded or charged by Srilankadriverguides.com or paid by you to Paragon Holidays Pvt Ltd, as applicable. In the event you opt for receiving the deposit 20%, then we will refund minus banking fees and or other admin fees, when you are in Sri Lanka or before you leave Sri Lanka.
Refund Policies by Driver/Guide
In the event that the driver or Guide – after undertaking the transport or services – decides not to continue or if the customer decides not to continue the services of the driver or guides, then our refund policies comes into effect and the customers and the driver or guide agrees to release srilankadriverguides.com operated by Paragon Holidays Ltd, on such direct incidents arising between both parties.
Please see the driver or guides Code of Conduct on the following link and you agree to comply by these code of conduct.
In the event the customer thinks the driver, tour guide or site guide has not been true to his/her profile and is able to prove this, and if you are feeling not fit or capable to continue the tour for misunderstandings, then the driver of Guide agrees to refund on the following basis as shown in in this example:
Taking a Transport movement and not being able to go through or complete the movement, due to issues between the driver or guide and the customer.
Please note this refund policy applies only for the use of time of the drivers or guides transport movements and not for any other service(s), as guiding, explanation, friendliness or comfort levels or trust levels etc… Direct transport effects can be: Air-Con, fuel, wear and tear, risky driving, time in the vehicle etc… (Transport time usage includes: wear and tear, driving time and air-con usage, fuel consumption and excluding risky driving such as not following road and traffic rules and driving under the influence of alcohol proven or threatening the passengers or any other form of unsafe habits by the driver)
To give a practical example. Please note the numbers below for example. Take into consideration only the percentages, which are the Fixed refundable percentage figures.
Example: If the Balance 80% is paid to the Supplier direct.
If the traveller had paid Rupees 100,000 (80%) on arrival (Excluding the 20% of deposit paid to Paragon Holidays PVT Ltd for the Operations under http://srilankadriverguides.com/, but only what customer had paid to the driver or guide when they met at the airport or in a meeting point as agreed before). Based on this, Lets assume if 25% of the activity is already done (e.g. if it is a 10 days tour, and only 2.5 days are completed) and if the driver or and customer has troubles, issues, fights and misunderstandings between both parties, then driver/guide agrees to refund Rs. 75,000 of the charged fare.
Taking the above example Refund Policy you must calculate on the percentage and the driver or guide must refund the balance.
Another example: If the driver/guide has completed 50% of his driver/guide transport service time, driver of guide agrees to refund Rs, 50,000. If driver or guide has spent 75% of his time, he agrees to refund Rs, 25,000 as per this example.
At the meet up if unsatisfied before the start of the trip or within the first hour of use of the driver : Driver or Guide will only refund from the full holiday money charged by him or her and a maximum of a 90% refund fee.
A 10% will be retained by the driver/guide and will NOT be refunded to the clients as a compensation for the driver/guide to drive to the Airport or other pick up/meeting point, fuel costs and other related trip movement initial costs. This percentage will not be refunded to the client under any circumstances.
All above are direct refund policies of the driver/ guide. In the Event the driver or Guide Refuses to refund such fares, you should take legal assistance, we will be happy to assist you by offering the driver, tour guides or guides Contract they have made with Paragon Holidays PVT Ltd, to provide services for http://srilankadriverguides.com/ site.
Example: If the Balance 80% is paid (or if the Full 100% is paid) for operations on http://srilankadriverguides.com/ site to Paragon Holidays PVT LTD.
In this case, we will follow the same policy as paid to the Guide and on this basis we will arrange the refunds, the Only difference is we will be holding the Funds and will make it easier for us to make a quick refund than the travellers having to directly go through arguments or more complicated issues with the driver or guide. However we will assess the nature of the complain and its evidence before such refunds.
Srilankadriverguides.com. is not responsible for any incidental expenses you may have incurred in reliance on the trip, transport, tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, service regrets, transport quality regrets, comforts regrets, drivers and Guides Language levels, driver and guides misinformed information including language levels regrets and or false claims regrets, driver and guides behavioral issues including reckless driving and accidents including deaths, politeness , friendliness and kindness, and or of any loss of enjoyment or regrets.
Srilankadriverguides.com is not responsible if any tour, trip, Guide service (s), transport movement, transfer or excursions, is cancelled because of a ‘force majeure’ event, you will receive a no refund of deposit paid to us or any balance paid to local travel and transport suppliers. For trips and excursions, this typically means such things as weather conditions preventing your daily activities and movements.
We won’t cover you if the reason for missing your coach or vehicle in a group or larger coach activity or any other group travelling transfers, excursions, trips, tours and transports is caused by your own actions or personal situation, for example if you deviate from the agreed-upon itinerary, become ill, get arrested etc.
You must contact us first so that we can be part of the solution in arranging or taking necessary steps to connect you back or always keep the third party suppliers contact details and numbers to call them immediately. If such unfortunate incident occurs, there are additional cost associated with it such as reconnecting to the booked service(s) and may require additional transport or service costs, and you agree to pay us or the service supplier such additional costs and agree to take adequate insurance cover against such incidents and losses before you travel.
You agree to indemnify and keep Srilankadriverguides.com website operated under Paragon Holidays PVT Ltd, and any of Srilankadriverguides.com officers, directors and employees indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our online payment platform to make payments to Advertisers or suppliers, in particular any claims from Advertisers and suppliers, Master, VISA, PayPal or other payment solution providers resulting from your actions or omissions.
You agree to free, protect, indemnify, and hold Srilankadriverguides.com and its affiliates and companies, and their officers, directors, employees and agents, harmless from and against any claims, causes of action, liabilities, damage, demands, recoveries, losses, fines, penalties or other expenses of any kind or nature including but without Limitation to reasonable legal and accounting fees, brought by any person or third parties as a result of:
your use of this Website , Application, Services, or Collective Content or your violation of these Terms;
your Member Content;
your (a) interaction with any Users, (b) booking an experience, or (c) creating a Listing;
your breach of this Agreement or the documents referenced herein;
the use, condition or booking of an experience by you, including but without limitation to any damages, losses, or Injuries of any kind arising in connection with or as a result of a a booking of a tour guide, driver, tourist driver, Site guide or use of an experience; and Your participation in the trip, tour, holiday, transfers, excursions, activities, or any other Program.
Acceptance of Risk and Waiver of Liability
You acknowledge that all travel involves an element of risk and that some transports, movements, tours, activities and services may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release Paragon Holidays Pvt Ltd and the Operations of Srilankadriverguides.com and the drivers, Guides and transport travel service suppliers from all claims and causes of action whatsoever arising from any injury, death or other damages, both financial and non-financial, to You that may occur as a result of your participation in the tours, trips, excursions, transfers and or guides service (s) offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of Srilankadriverguides.com, whether such negligence is passive or active.
Please also see the driver or Guides code of conduct.
Prior to tour commencement, the driver or Tour Guide or service supplier may ask You to sign a Liability Release and you agree to sign this document if needed, if you need to view this , before booking you must request us to send the liability release form with your invoice.
You are strongly encouraged to obtain suitable medical insurance prior to booking a transport movement, transfer, tour or any activity or service of a driver or Guide.
We urge you to exercise caution if you purchase any goods during your tour. Neither Srilankadriverguides.com website operated by Paragon Holidays Pvt Ltd or the suppliers make any claims about the quality, source or other provenance of any goods which may be available for purchase.
The Site may not be used to recruit, solicit, or contact Any Service suppliers such as Tour Guides, National Guides, transports Suppliers or excursion suppliers for employment or contracting for a business not affiliated with Srilankadriverguides.com unless you first obtain express written permission from Srilankadriverguides.com.
Information Provided by You
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. Srilankadriverguides.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
Srilankadriverguides.com may use in the near future a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact Srilankadriverguides.com ‘ credit card processing company www.PayPal.com.
Modification of the Terms of this Agreement
Srilankadriverguides.com reserves the right to make changes to this Agreement from time to time. Srilankadriverguides.com shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
Term of Agreement
This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Srilankadriverguides.com may terminate this Agreement immediately for any breach by you of this Agreement or any applicable policy of Srilankadriverguides.com as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section General; Section Acceptance of Risk and Waiver of Liability; Information Provided by You; Term of Agreement; Intellectual Property Rights; Notice of Trademark Rights; Disclaimer of Warranties (Limitation of Liability); Legal Claims and Miscellaneous Provisions).
Should You violate the terms of this Agreement, Srilankadriverguides.com reserves the right, without prejudice to any other rights or remedies available to Srilankadriverguides.com, to terminate your use of this Site immediately at its sole discretion.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read on the Site is owned by Paragon Holidays Pvt Ltd or is used with the owners and suppliers permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of Srilankadriverguides.com or Paragon Holidays Pvt Ltd.
Notice of Trademark Rights
The service marks and trademarks Srilankadriverguides.com and the Srilankadriverguides.com logo are service marks owned by Paragon Holidays Pvt Ltd in operations of Srilankadriverguides.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of Srilankadriverguides.com or the applicable owner, Paragon Holidays Pvt Ltd.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. SRILANKADRIVERGUIDES.COM, OPERATED AND OWNED BY PARAGON HOLIDAYS PVT LTD DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Under no circumstances will PARAGON HOLIDAYS PVT LTD OPERATED Srilankadriverguides.com be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of Srilankadriverguides.com arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to Srilankadriverguides.com OPERATED under PARAGON HOLIDAYS PVT LTD under this Agreement.
Any notice or other communication to be given here under will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail.
For all disputes between Srilankadriverguides.com website and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and Srilankadriverguides.com, or any related matters (“Disputes”), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts democratic socialist republic of Sri Lanka, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of the democratic socialist republic of Sri Lanka, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the democratic socialist republic of Sri Lanka, within three (03) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
If you have any questions about these Terms, please contact us.